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THE 

AMERICAN HISTORICAL 
REVIEW 



BOARD OF EDITORS 
GEORGE B. ADAMS ANDREW C. McLAUGHLIN 

ALBERT BUSHNELL HART WILLIAM M. SLOANE 

HARRY PRATT JUDSON H. MORSE STEPHENS 



MANAGING EDITOR 
J. FRANKLIN JAMESON 



VOL. V 
OCTOBER 1899 TO JULY 1900 



Hew WiovK 

THE MACMILLAN COMPANY 

LONDON: MACMILLAN & CO., Ltd. 
I9OO 



Copyright, 1900 
By THE MACMILLAN COMPANY 



■ 



PRESS OF 

THE NEW ERA PRINTING COMPANY, 

LANCASTER, PA. 



CONTENTS OF VOL. V 



ARTICLES 

Arthur M. Wolfson 

Bernard C. Steiner 

Frank M. Anderson 

Carl Becker 



Number i. October, 1899. 

554751 

The Ballot and Other Forms of Voting in the 
Italian Communes ..... 

Maryland's Adoption of the Federal Constitu- 
tion, I. ...... 

Contemporary Opinion of the Virginia and Ken- 
tucky Resolutions, I. 

The Unit Rule in National Nominating Con- 
ventions ...... 



DOCUMENTS — Accounts of Star Chamber Dinners, 1594 ; Letters of Bancroft 
and Buchanan on the Clayton-Bulwer Treaty, 1S49-1S50 .... 

REVIEWS OF BOOKS 

NOTES AND NEWS 



45 
64 

83 
103 

174 



ARTICLES 

Edward Eggleston 
Bernard C. Steiner 

Frank M. Anderson 

M. OSTROGORSKI 



Number 2. January, 1900. 

Some Curious Colonial Remedies . . .199 

Maryland's Adoption of the Federal Constitu- 
tion, II. ...... 207 

Contemporary Opinion of the Virginia and Ken- 
tucky Resolutions, II. . . . 225 

The Rise and Fall of the Nominating Caucus, 

Legislative and Congressional . .2^ 



DOCUMENTS— Cartwright and Melville at the University of Geneva, 1569-1574; 

Journal of Philip Fithian, kept at Nomini Hall, Virginia, 1773-1774 . . 284 



REVIEWS OF BOOKS 

NOTES AND NEWS . 



406 



iv Contents 

Number 3. April, 1900. 
ARTICLES 

The Boston Meeting of the American His- 
torical Association ..... 423 

; GAILLARD T. Lapsley The Problem of the North .... 440 

Andrew C. McLaughlin Social Compact and Constitutional Construc- 
tion ....... 467 

Edward G. Bourne The United States and Mexico, 1847-1848 . 491 

Erederick W. Williams The Chinese Immigrant in Further Asia . 503 

DOCUMENT — "A Memorandum of Moses Austin's Journey," 1796-1797 . 518 

REVIEWS OF BOOKS 543 

NOTES AND NEWS 623 

Number 4. July, 1900. 

ARTICLES 

George B. Adams The Critical Period of English Constitutional 

History ....... 643 

Hubert Hall Chatham's Colonial Policy .... 659 

C Territory and District .... 676 
Max Farrand / 

( The Judiciary Act of 1801 .... 682 

Howard L. Wilson President Buchanan's Proposed Intervention in 

Mexico ....... 687 

DOCUMENTS — Letters of Ebenezer Huntington, 1774-17S1 .... 702 

REVIEWS OF BOOKS 730 

BIBLIOGRAPHICAL— Minutes of Abolition Conventions, 1794-1S29 . . S04 

NOTES AND NEWS 806 

INDEX 823 



Volume V ! 



October, 1899 



[Numb 



umber 1 



®Itc 



mnian If igtotial fjterinv 



THE BALLOT AND OTHER FORMS OF VOTING IN 
THE ITALIAN COMMUNES 

IN all political communities where the franchise has been granted 
to any considerable part of the people the process of voting, of 
arriving at a decision on some controverted subject, has occupied no 
small part of the time of the constitution-makers. Every American, 
every Englishman knows, almost by intuition, what we mean by 
viva voce voting, by division, by the ballot. Most students of his- 
tory know, in a general way, that many of these forms of voting 
were in common use among the Greeks and Romans, but few men 
are aware that after the decline of the states of antiquity nearly all 
the forms of voting lay in abeyance for six or seven centuries, to be 
revived or rediscovered by the communes of northern Italy. Much 
controversy and discussion has arisen over the history of the ballot 
and other forms of voting in modern times. The present writer, 
however, sees no reason to doubt that the revival of all forms of 
voting used in modern times is due to the activity of these towns of 
Italy. 

Among the Greeks, 1 as we should expect, the highest develop- 
ment of electoral processes was attained by the Athenians. In 
Sparta, where constitutional development was much less marked, 
the modes of voting were much cruder and, as, Aristotle says, almost 
childish. 2 At Athens, for legislative purposes, the ordinary process 
of voting was by show of hands, 3 but in special cases where the 

1 For general treatises on the whole subject of Greek modes of voting see K. F. 
Hermann, Lehrbuch der Griechischen Alterthilmer. 6th ed., 1889-1S92, I. 155 ff. , 
478 ff. ; G. Gilbert, Handbuch der Griechischen Staatsalterthilmer, I. 52-57, 240, 295- 
347 passim ; and I. Muller, Handbuch der Klassischen Alterthumswissenschaft, IV. pt. 
I., 2nd ed., 1892, pp. 82-84, 152-176. For Athens see J. W. Headlam, Election by 
Lot in Athens, 1891. 

2 Aristotle, Politics, II. 9. 

3 Aristotle, Athenian Constitution, Chap. 43. 

VOL. VI. — I ( 1 ) 



2 A. M. Wolfson 

questions to be settled were of greater weight, cases such as the 
granting of citizenship, the removal of civil disabilities, the ostracism 
of a citizen, the assembly voted by ballot. 1 In the election of offi- 
cials the Athenians resorted almost entirely to the use of the lot ; 
but military officers and a few other officials whose duties were 
largely technical or whose office required special training, were 
chosen in the general assembly (Ecclesia) by show of hands. 2 

In Rome, the processes of voting were even more elaborate than 
in Greece. 3 In the senate, after the question had been stated, the 
first step in the deliberation partook partly of the nature of a debate, 
partly of the nature of an informal vote, 4 each senator declaring his 
opinion, with or without statement of his reasons. When this 
process was completed, the chairman summed up the debate and led 
the assembly on to a vote. The vote was always taken by division 
(disccssio) ; the presiding officer, after putting the question, required 
the affirmative to take places on one side of his rostrum, the nega- 
tive on the other. When the division was complete the president 
announced the result : Hacc pars major videtur? 

In the assemblies where the vote was cast not by individuals, 
but by voting units, the Curiae, the centuries, or the tribes, the pro- 
cess was necessarily more complicated. After discussion of the 
question had taken place, or the names of candidates who had 
offered themselves for election had been presented to the assembly, 
the voting units were assigned to their booths (sacptae); when all the 
voters had been gathered, tellers were assigned who took their 
station at the outlet {pons) of the booth. Then each man, as he step- 
ped forth, voted either for or against the proposition, and the teller 
pricked the vote on one or the other of the two tablets which he 
held as tallies ; or the voter, as he stepped forth, gave in the name 
of his candidate, and the teller recorded it on the tablet on which 
the name of that candidate was inscribed. When this individual 
vote was accomplished the tellers handed in the results to the presi- 
dent, who in turn announced the results to the assembly. 6 

This was the regular and invariable process down to the last 
half of the second century before Christ. In the years between 140 
and 130 B. C, a series of laws were passed which introduced the 

1 G. Gilbert, Handbucli der Griechischen Staatsalterth&mer, I. 332, 346. 

2 Aristotle, Athenian Cotisti/tttion, Chap. 43. 

3 For general treatises on the whole subject see : T. Mommsen, Romisches Staats- 
recht, 1887-1888, III. 389-410, III pt. 2, 962-1003; I. Miiller, Handbuch der Klas- 
sischen Alterthumswissenschaft, 2nded., IV. pt. 2, 1893, 124-127, 148-167 ; I. Gentile, 
Le Elezione e il Broglio nella Repubblica Romana, 1879. 

4 Mommsen, III. 962 ff. 

5 Mommsen, III. pt. 2, 991-992. 
e/did., Ill 397 ff. 



Forms of Voting in the Italian Communes 3 

ballot, first in the election of magistrates, and later in legislative pro- 
ceedings. The mode of voting from this time forward was as follows : 
As the voters entered the booths they were given ballots [tabellae). 
These ballots differed according to the subject under discussion : if 
the vote to be taken was on some law the tablets were marked VR 
{iiti rogas) and A (antiquo); if the assembly was gathered for an 
election, the tablets were plain, and the voters inscribed on them 
the name of the candidate for whom they wished to vote. Each 
citizen as he passed out of the booth of his voting unit deposited 
his ballot under the supervision of tellers (rogatores) and watchers 
[ciistodes) in baskets. When the voting was completed the baskets 
were carried off to some special place called the diribitorium, where 
they were emptied. Here the ballots were sorted and counted, and 
the results recorded. When this was done the result was announced 
as under the old method. 1 With the establishment of the empire, 
the election of magistrates and whatever legislative functions the 
assemblies had retained passed over to the senate ; along with these 
functions the senate adopted the ballot, which down to the time of 
Tiberius had never been used by that body. 2 Freedom of action, 
however, was lost to the Roman people, and electoral and legislative 
processes inevitably decayed till they were lost in the night of the 
fifth and sixth centuries of our era. 

Just when these processes were revived the writer is not now 
prepared to say. That all of them had attained to full vigor by the 
end of the thirteenth century is, however, established beyond the 
shadow of a doubt by our sources. 

The commonest form of voting in the Middle Ages, for a long 
time probably the only form of voting, was the viva voce vote. In 
all except the smallest bodies any other form was practically im- 
possible. No such elaborate machinery for recording and counting 
votes as modern assemblies have evolved existed, and further, the 
expression of opinion by the mass of men was a much more perfunc- 
tory matter than it is at present. In large bodies like the Parlamento, 
the general assembly of the Italian communes, discussion was im- 
possible ; the people when they met were called upon to listen to 
the words of chosen orators, and when the question had been stated 
to them in this way all that was left for them to do was to approve 
or disapprove by such methods as a crowd commonly uses. If they 
were satisfied they signified their approval by shouts of commendation, 
if they were dissatisfied they murmured or cried down the speaker, 
or even at times proceeded to violence and in extreme cases to 
bloodshed. Whatever the theory of the Parlamento may have 

1 Mommsen, III. 400 ff. 2 Ibid., III. pt. 2, 992. 



4 A. M. Wolfson 

been, in practice it acted in the way described. At its best the body 
had all the defects of a popular assembly in which no attempt was 
made to allow due time for careful preparation. 1 The inefficiency 
of such a body became more and more manifest as the state de- 
veloped, and in the thirteenth century its functions are absorbed by 
the smaller councils and its meetings become more and more occa- 
sional. In the smaller councils the ordinary business must likewise 
have been transacted very largely by viva voce voting, though the 
tendency to restrict this method of voting grows strong enough 
in the second half of the thirteenth century to produce positive 
legislation against it. Evidences of this fact are to be found in 
the statutes of Parma 2 and Ferrara 3 passed in the latter half of the 
century and in the statutes of Ivrea contained in the code of 13 28/ 

In place of the viva voce vote the communes begin to use the 
various modes of voting common in modern assemblies. Scattered 
through the statutes of the cities we find references to the division, 
to the rising vote, and finally to the ballot. 

Evidences of the division and the rising vote, while they are not 
very numerous, extend over a territory wide enough to indicate that 
they were known and probably used in most of the assemblies of the 
communes. Just what the process of division was is not entirely 
clear. In all probability, however, it approximated the earlier Greek 
and Roman practice where an actual division of the body was made. 
Thus the statutes of Parma speak of a vote taken by dividing the 
assembly per medium palacittm, 5 the statutes of Novara of a partitu m 
ab tino latere ad aliudf' That the process was already well known 
when these statutes were passed, is apparent from the fact that no 
explanation is given of the mode in which the division is to be ac- 
complished ; the name sufficed ; and consequently we are left in the 

1 For a general description of the Parlamento see almost any manual of medieval 
Italian institutions. A very good article is to be found in G. Rezasco's Dizionario del 
Lingnaggio Italiano Storico, 1881, pp. 752-754, where numerous references on the subject 
are given. For more exact information on the assembly in particular cities see Davidsohn's 
Gescliichte Florenz, 1896, pp. 74-76 ; Caro's Verfassung Genuas zur Zeit des Podestas, 
1 89 1, pp. 24-28. 

2 " Capitulum quod aliquis officialis communis non eligatur in aliquo consilio generali 
vel alibi ad vocem et Potestatis teneatur non permittere aliquem eligi, nee eciam nomin- 
nari ad vocem et si contra factum fuerit electio nulla sit." Statute Communis Parmae 
in Mon. Hist. Parm., II. 47. See also, ibid., I. 20. 

3 Statuta di Ferrara deW Anno 1288, Liber II., c. 5. 

i Statuta Eporediac, in Jl/on. Hist. Patriae, LL. II. 11 16. 

5 Stat. Com. Parmae, in Mon. Hist. Parm., II. 57. 

6 Stat. Com. Novar., in Mon. Hist. Patr., LL. II. 556. It is interesting to note 
that this statute forbids the use of the rising vote in all assemblies and prescribes the di- 
vision for exclusive use. ' ' Statutum est quod aliquis rector civitatis Novarie in consilio 
majori vel privato non possit nee debeat facere aliquam partitam sive partitas super aliquo 
inodo sedendi vel levandi, seel faciat ipsam partitam sive partitas ab uno latere ad aliud." 



Forms of Voting in the Italian Communes 5 

dark as to whether the vote was taken by tellers as the house divi" 
ded itself, or whether a mere count of heads was considered suf- 
ficient. Whether all members were required to vote, whether any 
checks upon possible fraud were used, and all other questions of 
detail are left entirely unanswered by the statutes. 

Evidences of the rising vote are more copious. Comparatively 
numerous references to this form of procedure are to be found in 
the statutes ; still many questions as to the process of taking the 
vote are left open by the brevity with which the statutes describe it. 
The procedure is usually spoken of as the partitum ad scdendum et 
levandum, 1 and the phrase seems to indicate that the vote was simi- 
lar to our modern rising vote, first one side and then the other rising 
in response to the call of the chairman. 2 That this was the process 
is, however, open to some doubt ; in a decree of the commune of 
Brescia the procedure is briefly described, and from the language 
used it is possible to account for the phrase ad sedendum et levandum 
by supposing that the question which had been put to an informal 
vote ad sedendum was put a second time more formally ad levan- 
dum? Or we may conceive that instead of requiring both parties 
to rise, as is the modern practice, only one side, either the affirma- 
tive or the negative, was required to rise, those remaining seated 
being presumed to vote contrary to those who rose. That this was 
the practice is distinctly stated by a treatise on the Florentine form 
of government known as the Discorso suite Governo di Firenzi. In 
this treatise the author declares that the question was put only once ; 
those favoring the proposition retained their seats, those opposing 
rose. 4 If only one side rose, as is stated here, the scheme contem- 
plated that all members of the assembly should be forced to vote, 
or it was so constructed that the affirmative should have all the 
benefit of the members who had no opinions on the subject under 
discussion. In more modern times the rising vote allows all mem- 
bers who have no desire to vote on either side the alternative of re- 
taining their seats during both calls of the chairman, thus avoiding 
any registration of their opinions. 

1 See Stat. Com. Parm., in A/on. Hist. Farm., II. 52, 57 ; Stat. Com. Novar., in 
A/on. Hist. Patr., LL. II. 556 ; Gherardi, Consulti di Firenze, introd., p. xiii. 

2 Gherardi (introd., p. xiii) so interprets the phrase. He declares: "ma chiaro 
apparisce, s' io non m' inganno, che la votazione constava, perdir cosi, non di uno solo 
ma de due successivi e opposti atti dei consiglieri, che quelli cioe che al primo invito si 
erano alzati, poniamo per approvare, al secondo restavano seduti." 

3 " Item quod Potestas. . . . teneatur et debeat facere partitam revolvendo earn, ita 
quod illud partitum quo semel posuerit ad sedendum iterato ponat ad levandum et quod 
solum illud partitum reformetur . . . quod obtinet in revolutione." Stat. Com. Brix., 
in Mon. Hist. Patr., LL. II. 1584 (101). 

4 " II palese si faceva a sedere e rizzarsi . . . il sedere e rizzarsi facevansi immedi- 
atamente 1' uno dopo 1' altro. II sedere favoriva, il rizzarsi disfavoriva. " Discorso, etc., 
Appendix II. , in Capponi, /storia di Firenze, I. 457-458. 



6 A. M. Wolfson 

The discussion of the processes of voting in the communes has 
so far been confined to the deliberative side of the assemblies. These 
councils, however, like the old Roman Comitiac, possessed the elec- 
toral as well as the legislative franchise, and it is in the exercise of 
their functions as electors that we find the greatest development of 
voting procedure. All this development had, of course, two great 
objects in view, order and secrecy. The questions of policy or 
government that the councils were called upon to settle were ordin- 
arily not of such a nature that the passions of men were aroused 
to a great extent, but in Italy, where office-holding, far from being 
the burden that it was in the boroughs of England in the Middle 
Ages, was a privilege as highly regarded as it is among the citizens 
of a modern state, elections aroused men to a display of passions 
that we can scarcely understand. Toward the obtaining of office 
and the control of the government much of the energy of the great 
parties in the communes was directed. Government positions were 
contended for with as much vigor as they are to-day ; the only dif- 
ference being that men in the twelfth and thirteenth centuries were 
much more ready to proceed to violence and bloodshed than they 
are in the nineteenth, and consequently the results of this rivalry 
were much more visible. The great difficulty in almost all assem- 
blies in the Middle Ages was that on all questions vital enough to 
cause a division of opinion the ultimate appeal was sure to be to 
force ; men who failed to agree with the majority were given no 
chance to record their opinions, were not allowed to fight out their 
battles by deliberative means, but were coerced at once and for all 
time to submit to the will of the majority. Even the majority was 
only too often the result of the armed preponderance of a few men 
over the mass of the people who did not dare to oppose them. 
Under the communal organization such a state of affairs could not 
long exist, and the twelfth and thirteenth centuries mark the growth 
of a series of regular deliberative and elective forms designed to 
overcome these elements of disorder. The statutes are full of de- 
crees looking toward the reduction and the punishment of all sorts 
of violence and all sorts of interference with the full exercise of per- 
sonal liberty. 

As to the particular precautions which were taken to prevent 
fraud and coercion, these will appear as we discuss the processes of 
election provided by the statutes of the various communes. If we 
should generalize on these processes we should find that they can 
be grouped under four heads, namely: (i) election by some exter- 
nal authority, election delegated by the commune to some individual 
or corporation having no direct interest in the welfare of the body 



Forms of Voting in the Italian Communes 7 

politic ; (2) indirect election, in which the electors do not them- 
selves choose among the candidates but name electors who in turn 
select the officials ; (3) election by lot ; (4) election by ballot. 

First as regards the election by some external authority. This 
method, while it was never recognized by any commune in full 
possession of its municipal rights as a regular mode of election, was, 
nevertheless, repeatedly adopted as a last resort when party feeling 
ran so high that choice by the burghers in any regular way was 
impossible. In passing it may be observed that the institution of 
the Podesta, adopted universally in the latter half of the twelfth and 
the beginning of the thirteenth century, was in part at least an effort 
to find a means of overcoming the intense rivalry among the parties 
in the communes. 

Probably the commonest form which the phenomenon of dele- 
gated election takes is that where the commune appeals to some 
individual or group of individuals to choose its magistrate. In 
Piacenza, for instance, in 1221 Cardinal Ugolino of Ostia in his en- 
deavor to bring the Milites and Popitli to an agreement set up, with 
the consent of both parties, Otto Mandello, a citizen of Milan, as 
Podesta ; again in 1226, the Podesta 1 of Milan, Guazone Ruscha, was 
called upon to settle the disputes of the factions and gave them a 
Milanese as chief executive; 3 in 1236 the experiment was made a 
third time, Cardinal Jacobo de Pecoria acting as mediator and 
choosing Rainerio Zono of Venice. 3 Another case of the same kind 
occurred in Reggio in 1250 when the citizens sent to Ezzelino da 
Romano asking him to send them a governor. In response Ezze- 
lino settled upon Ugolino de Sancta Juliana as Podesta for Reggio.' 
Such cases are very common ; often, however, it is hard to distin- 
guish between coercion on the part of a powerful lord like Ezzelino 
da Romano or Azzo d'Este and a free delegation of power by the 
commune. 

A peculiar case of delegation of the right to elect a magistrate 
occurs in a document dated March 6, 1 189, in which a small town, 
Buonde de Porcile, in the Veronese district, delegates to five Juratos 
Veronensis Canonice the power to designate the person who shall 
choose their magistrate. These five Jurati determine upon Adrian, 
archpresbyter of the cathedral of Verona, and thereupon the election 
is delegated to him by the town. 5 It is possible that we are here 
in presence of a commune dependent upon the cathedral chapter of 

1 Johannis de Mussis Chton., in Muratori, Script. Reritm Ital., XVI. 459. 

2 Ibid., 460. 

3 Ibid., 462-463. 

1 Memor. Potes. liegiensis, in Muratori, Script. Rerum Ital., VIII. 1117. 

s Archivio Veneto, XXXIV. 171. 



8 A. M. Wolf son 

Verona. Such cases are common enough, but if this is the state of 
affairs the document gives no evidence of the fact. It reads like 
the independent act of a free commune. 

In most cases, when the towns were unable to settle their inter- 
nal difficulties, they appealed to the clergy. When we come to 
investigate the forms of election we shall see that the clergy were 
often nominated by the statutes to preside over the elections. We 
have already noted how the city of Piacenza twice called in a card- 
inal to compose the hostilities that were going on in the city, and 
we have seen how the burghers of Buonde de Porcile called upon 
the canons of the cathedral at Verona to conduct their election. 
Other examples are numerous: in 1256 the two parties in Milan 
almost came to blows over an election, and only by allowing four 
monks, called in for the purpose, to act as electors did they succeed 
in averting a crisis. 1 Nor is this an exceptional case ; others of a 
similar character occur in other communes. 

Another practice, and one much more elaborate than any of 
those already given, was for the commune to send directly to another 
town and ask for a chief executive to be chosen as the council of 
this town saw fit. As an example of this, the choice of Brancaleone 
del Andalo of Bologna as Senator of Rome in 1252 is perhaps the 
most famous. In 1251 and 1252 the city of Rome was in a state 
of great disorganization ; the pope, Innocent IV., had been absent 
from the city since 1 244 ; first one faction and then another had 
controlled the city ; all things were in an evil condition. 2 Under 
these circumstances the citizens turned to Bologna and asked that a 
chief executive be sent them. In answer to this request Brancaleone 
del Andalo, a man of great force and remarkable executive ability, 
was chosen by the general council of Bologna, and, after receiving 
hostages from the Romans, journeyed to the city as chief magis- 
trate. 3 This case is so typical that it is useless to multiply ex- 
amples, though they are common enough. 4 

The election of any official by an external authority was, as 
stated above, not a process recognized by statute ; it was resorted 

1 Galv. Flamma, in Muratori, Script. Serum ItaL, XL 685-686; Annal. Medio!., 
ibid., XVI. 658. 

2 Gregorovius, Geschichte der Stadt Rom, bk. IX., c. 6. 

3 Cantinelli, Chron., Muratori (Mittarelli), p. 236; Saxioli, Annali Bolognesi, III.pt. I, 
258-259; Gregorovius, V. 273-274. Cantinelli says under the year 1252 : " hoc anno 
commune urbis Romae misit legatos et ambaxiatores suos ad civitatem Bononie, quod mit- 
teret Romam unum probum et electum virum de Bononia pro senatore, qui urbem pacifice 
gubernaret. Et tunc in generali consilio communis Bononie ad scrutinium electus fuit D. 
Brancaleonus de Andalo qui illuc ivit et urbem honorifice et potenter rexit quinque annis." 

4 See for example: Ann. Mediol., in Muratori, Script. Rerum ItaL, XVI. 658; 
Galv. Flamma, ibid., XI. 686 ; Gregorovius, V. 352; Stat, di Vicenza, introd., p. xlii. 



Forms of Voting in the Italian Communes 9 

to only when conditions in the city made the election by the regular 
and legal method impossible. Under ordinary conditions all elec- 
tions were conducted either by indirect election, by lot or by ballot, 
or by a combination of two or more of these processes. 

The purpose of indirect election is most manifest. Where a 
large body of men would find it absolutely impossible to conduct 
the business of» choosing among candidates, a smaller number of 
men would find it much easier. Indirect election involves some 
other process as well. The body which chooses the electors must 
of necessity use one of the forms of voting known to us ; and the 
electors in turn must use some process in selecting among the can- 
didates. For the present we may, however, confine ourselves to a 
discussion of the problems that indirect election itself presents. 

How early this system was adopted it is hard to say. Never- 
theless, in almost the very earliest statutes that are preserved to us 
we begin to get evidences of the indirect election. In Genoa, for 
instance, in a charter of the year 1 147 electors of consuls and elec- 
tors of electors are mentioned, 1 and from the Breve delta Compagna 
for 1 157 some idea of the process in these early times may be gath- 
ered. 2 The document offers so many questions, however, and so 
many descriptions of the indirect election as conducted in later times 
exist that it is better to pass it by and to describe the process as set 
forth in some later source. 3 Thus in the statutes of Vicenza the 
process is described as follows. The Podcsta and council of elders 
choose once a year five men from each quarter of the city. The 
twenty thus chosen with the Podcsta formed an electoral college and 
chose four hundred good and true men, one hundred from each 
quarter, to act as the greater council for the succeeding year. 4 In 
the election of the lesser council of forty exactly the same process 
was followed, except that instead of choosing five electors from 
each quarter only two were chosen. 

What has been described as taking place in Vicenza took place 
in other communes in northern Italy in the middle of the thirteenth 
century. The statutes vary in minor details, but in the broad out- 
lines they are the same. Occasionally we come across details that 
are interesting enough to be noted ; thus in the commune of Parma, 
according to the statute of 1233, it was the rule that instead of the 
electors acting together as a college and together choosing enough 

1 Mon. Hist. Patr., Liber Jurium Jan., I., No. 134, p. 131. " Electores consilium 
et electores electorum' ' is the phrase used. 

2 Breve della Compag., in Atti della Soc. Ligura, I. 176, 185. 

3 On the whole subject of elections in Genoa see G. Caro, Genua zur Zeit des Po- 
destas, pp. 34 ff. 

1 Stat. Com. Vicen. (ed. F. Lampertico), p. 71. 



io A. M. Wolf son 

of the candidates to fill the offices, each elector as an individual 
chose a certain number of men who were then considered legally 
elected. 1 In Ivrea, the electors who were chosen by lot were for- 
bidden to retain the lot which they had drawn. Instead of acting 
themselves they were required to pass it on to a second person, the 
avowed purpose of the statute being to prevent fraud. 2 That the 
object of this process was peace and quiet at the election appears 
very clearly from the careful restrictions put upon the electors. 
When election by lot has been discussed more will be said of the 
precautions with which the statutes hedged in the electors after they 
had been chosen ; at present it is sufficient merely to call attention 
to the stringent oath that was required of the electors as early as 
the end of the twelfth century in Pistoia. 3 They were required to 
swear that they would form no combinations, would not yield to 
any power outside the city, would neither take nor give any bribes 
or promises, and would make no oaths or agreements, in short, 
would do nothing to hamper in any way their action as free agents. 
They promised to the best of their ability to elect the most fit and 
powerful man possible, the man who would serve with the greatest 
honor and credit to the city. This oath, strong as it is, is only an 
example of what is constantly demanded of the electors later. 
Purity of elections is the constant aim of these early constitution- 
makers. 

Of the number of electors little need be said. In the earliest 
days, when the electors were possibly chosen by viva voce vote, the 
number was comparatively small. In Genoa in 1 137 the number 
seems to have been six. 4 In Pisa and Parma in the twelfth century 
the number was even smaller, three being mentioned as regular. 
In later years when the electors were chosen by lot or by ballot 
the number was considerably increased, twenty, thirty and even 
forty being more common than three or six. 6 

In our earliest sources nothing is said of the actual procedure at 
elections ; in all probability the assemblies and the electors in these 
early years still retained the viva voce vote for purposes of election 
as well as for purposes of deliberative voting. In the thirteenth 
century, when the sources begin to flow more freely, the com- 

1 Stat. Com. Parm., in Mon, Hist. Parm., I. 20. 

2 " Ita quod aliqua fraus inde non possit." Stat. Epor., in Mon. Hist. Patr., IX. 
I. II 15. See also ibid., pp. 1 1 07, 1 1 24. 

3 Stat. Civit. Pist., in Muratori, Antiq. Pa/., IV. 534. 

i Ann. Januen., in Mon. Germ. Hist., SS. XVIII. 186. 

5 Breve Consilium Pisanac, in Bonaini, Statuti Pis., I. 25 ; Stat. Com. Parm., in 
Mon. J list. Parm., I. 20. 

e Stat. Com. Bonon., in Mon. Islor. di Romagna, III. 19 ff; Stat. Com. Vicen. 
(ed. F. Lampertico), p. 80. 



Forms of I r oting in the Italian Communes 1 1 

moncst, indeed for at least half a century the only mode of election 
spoken of is the lot. The term most commonly used to describe 
the lots is brevia} though the term sortes is not wanting. In the 
statutes of Brescia, for instance, the term sortes is used almost ex- 
clusively, 2 while in the statutes of Piacenza the two terms are used 
interchangeably. 3 

The question of the origin of the use of lots in elections need 
not detain us long. When the towns first began to use them it is 
impossible to say. It may be that the introduction of the lot and 
of indirect election was coincident, but if we assume, as seems 
likely, 4 that the indirect election preceded the lot, we may assume 
that the indirect election, while it did away with some of the vio- 
lence and corruption incident to direct elections, did not entirely 
remedy the evil. Bribery and corruption, intimidation and violence 
still continued, and the further step to the choice of electors by lot 
was introduced. Where the idea of using the lot in elections came 
from is a question that needs little investigation. The practice of 
casting lots is as old as the world's history, and when the necessity 
of a new system of choosing electors arose, the communes must 
have found on all sides references to this ancient system, the adop- 
tion of which seemed to point to a remedy for the evils from which 
they were suffering. 

As to the machinery which the communes used in casting lots, 
we are fortunately furnished by several of the codes with elaborate 
descriptions of the procedure. Thus according to the statutes of 
Bologna for 1 245-1 250 the election of special counsellors was ac- 
complished as follows. The electoral body, the gild, was assembled 
by the masters ; the electors, nine in number, were chosen by lot. 
The lots were drawn from a cap by a small boy and given to the 
members of the gild. From the drawing the masters were ex- 
cluded since they were forbidden to act as electors. Naturally 
those who received the marked lots acted as electors. 5 

In Parma much the same practice was in vogue, but the language 

1 If Caro had had a wider acquaintance with Italian sources he would not have 
made the mistake of supposing that the term brevia used repeatedly in reference to elec- 
tions in Genoa meant a formula for the oath which the electors were required to take. 
Even the sources for the study of elections in Genoa make it clear that the word brevia 
means a lot ; in at least one instance the annalist of the city uses the expression brevia 
sive sortes, thus indicating that the terms are similar. Mon. Genu. Hist., SS. XVIII. 
179. See Caro, Genua zur Zeit des Podestas, pp. 35 and 91-92, notes 24-28. 

i Stat. Bresciana, in Mon. Hist. Pair., LL. II. 1584 (27) ff. 

3 Stat. Com. Placent., in Mon. Hist. Parin., V. 235 ; also Stat. Com. Novariae, in 
Mon. Hist. Patr., LL. II. 560. 

4 Likely because the evidences of the indirect election antedate those of the election 
by lot by several decades. 

5 Stat. Pop. Bon., in Mon. Istor. di Romagna, I. 9. 



12 A. M. Wolfson 

of the statutes makes it much clearer that the purpose of the lot 
was to avoid fraud and violence. Indeed the rubric of the statute 
reads : " Capitulum ad evitandum quod aliquis qui non sit de con- 
silio generali debeat stare ad sortes recipiendas, et ad evitandum 
contentiones super hoc." l Here instead of having one cap, two 
are used. As the names are called, the councillors are required to 
answer and leave the chamber, in order that no one may try his 
chance twice or answer for an absent member. During the draw- 
ing the members are forbidden to stand near the chairman's plat- 
form under penalty of a heavy fine. 

Under the statutes of Brescia, which bear a later date, the prac- 
tice is much more elaborate than either of those described. The 
names of the councillors were placed in a bag and as many lots 
black and white (sortes nigrae et albae) as there were names were to 
be provided by the tellers. The tellers, two Minorite friars and 
two Dominicans, were to mix the names and one by one the names 
and the lots were to be drawn. Whenever a black lot was drawn, 
one of the friars recorded the name of the councillor chosen and the 
quarter of the city from which he came. When the process was 
completed the names were read, and the list, passed over to the 
chairman, and the electoral college was thus formed. 2 

Beyond a doubt the one thing that the communes were striving 
for was purity in elections. With this end in view the election was 
hedged in with all sorts of conditions. In Parma the precautions 
against repeating were elaborate. 3 In almost all of the cities all 
persons not directly interested in the drawing of the lots were for- 
bidden to come within three or four yards of the polling-place. 4 In 
Bologna and Sienna the statutes decreed that the lots marked and 
unmarked shall be identical in form and substance, so that no one 
can discern the one from the other. 5 In order to prevent connivance 
and collusion the electors were required to take strict oaths ; 6 with 
the same object in view, in many cities no two members of the same 
family could act in the same electoral college, nor could any elector 
vote for himself or for any member of his family." Most of all, 
however, the statutes insisted that the election should follow imme- 
diately upon the choosing of the electors. 

In some towns the electors were required to give in their votes 

1 Stat. Com. Farm., in Mon. Hist. Parm., II. 39. 

2 Stat. Com. Brix., in Mon. Hist. Pair., LL. II. 1632. 

3 Stat. Com. Farm., in A/on. Hist. Farm., II. 39. 

4 See, for instance, Stat. Com. Brix., in Mon. Hist. Pair., LL. II. 1584 (200) ; 
and Stat. Bonon,, in Mon. Jstor. di Romag., III. IIO-III. 

B Slat. Bon., as above, 35-36; Const. Com. Senarwn (ed. Zdekauer), 56. 

''Slat. Fistor., in Muratori, Antiq. Ital, IV. 534. 

7 Slat. Com. Bon., in Mon. Jstor. di Romagna, III. 36, 38, 40. 



Forms of Voting' in the Italian Communes 13 

openly to tellers appointed for that purpose. 1 In Brescia, for in- 
stance, the statute requires that the tellers, with the notaries of the 
Podesta, shall take their place at the voting-stand, and those who 
have received the lots shall require the notaries to write down the 
names of the persons whom they select as they advance, in turn, to 
the voting place. Each elector, after he sees that the notary has 
written down a name, shall require the tellers to read the name 
which has been written and the office to which the person designated 
has been elected. No one holding any office in the commune shall 
be present while the voting is going on. 2 

The more common practice, however, was for the electors to form 
themselves into a sort of conclave in which the election must be accom- 
plished within a definite period of time, usually three days. 3 In order to 
remove them entirely from outside influences, they were shut up in 
a room, removed from all communication with any members of the 
commune, 4 and, if they failed to accomplish their task in the pre- 
scribed time, they were either dismissed 5 or were forced to continue 
their deliberations on short rations 6 till the election was accomplished. 
This procedure had been completed at least as early as 1223. In 
the annals of Piacenza for that year we find an account of a con- 
clave held in that city for the election of a Podesta. Owing to the 
bitter hostility of the parties the electors were unable to come to 
any agreement, and the commune was forced to dismiss them and 
to choose a second set of electors to accomplish the task. 7 

At this point we come very near to a subject of considerable 
interest, namely, the connection, if any connection existed, between 
the development of papal elections and communal elections. Just 
as the twelfth and thirteenth centuries are the centuries in which the 

1 Stat. Com. Farm., in A/on. Hist. Parm., II. 39-40; Stat. Brix., in Mon. Hist. 
Patr.,~LL.II. 1584(162-163). 

2 " Item quod quando eligantur officiales ad sortes precones debeant stare tantum ad 
parlatorium . . . et ille qui accipit sortem officialis debeat primo facere scribi per notar- 
ium potestatis offitialem quem eligit et postea dicat et denuntiet preconi ut debeat nomi- 
nare offitialem quem eligit et ad quod offitium electus sit . . . et quod nullus ministralis 
stet ad consilium quando dantur sortes." Stat. Brix., as above, 15S4 (163-164). 

3 Stat. Vicen. (ed. F. Lampertico), 80; Stat. Com. Placent., in Mon. Hist. Parm., 
V. 216. 

4 Stat. Com. Bonon., in Mon. Istor. di Romagna, III. 44. 

5 Stat. Com. Bonon., as above; Stat. Com. Placent., in Mon. Hist. Parm., V. 216. 
6 Stat. Com. Vicen. (ed. F. Lampertico), 80. 

7 . . . " qui steterint in camera comunis pro potestate eligenda usque ad diem Sabbati 
proximum, non comedentes neque bibentes. Qui cum in electione potestatis se accordare 
. . . non potuissent," a new set of electors was chosen, " qui ea die in communis 
camera fuerunt pro potestatem eligenda inclusi . . . qui steterunt in ipsa camera usque ad 
diem Veneris proximum. . . . Ea vero die divina misericordia concorditer eligerunt in 
potestatem communis Placentie D. Nigrinum Marianum." Ann. Placent. Guelfi,'va. Mon. 
Germ. Hist., SS. XVIII. 438-439. 



14 A. M. Wolf son 

communes are most actively engaged in the perfection of electoral 
processes, so the papacy in these years was engrossed in providing 
a system of elections which should remove it from the numerous 
dangers which schisms and delayed elections were producing. 

The papal conclave which exists to-day is the outgrowth of the 
activity of the papacy in the thirteenth century. The conclave in 
its present form owes its origin to the decree of Gregory X. passed 
at the council of Lyons in 1274. Since 1 179, when Alexander 
III. had issued the decree requiring a vote of two-thirds to elect a 
pope, the tendency of papal elections had been toward regularity 
and purity ; but during the days of Frederick II., whatever the pur- 
poses of the papacy may have been, the cardinals found it impos- 
sible to carry on their elections secretly and removed from outside 
interference. At several of the elections during this century it is 
probable that the cardinals endeavored to carry out the ideas of 
earlier popes and to hold their elections removed from all secular 
interference, but it is not till the year 1274 that the conclave be- 
comes recognized as a part of the procedure necessary in the elec- 
tion of a pope. That the papal and the communal system owed 
much to each other is probable. That one is the outgrowth of the 
other is not likely. More probable is the supposition that both 
arose from the very natural desire to remove the electors of officials 
from the influences of intimidation and corruption. 1 

The procedure followed by the electors in their secret meetings 
is nowhere described in the statutes of the earlier days. It is fair to 
presume that at first they voted much as they did in open council, 
the purpose of withdrawing them from the public being probably 
simply to remove them from external influences. In most cases 
the college acted, no doubt, quite informally, and the election was 
accomplished without serious difficulties. In cases where the elec- 
tors failed to agree, however, especially when they were zealously 
attached to the different candidates, the dissensions and disturbances 
which had formerly involved the whole body of citizens or at least 
the council to which the election was entrusted, were now merely 
transferred to the smaller electoral college. That such divisions 
did take place is obvious from a glance at the history of the com- 
munes, and from the fact that the statutes required that the election 
be accomplished within a fixed time, and, in the third place, from 
the fact that the number necessary to a choice was set by the elec- 
tion decree. In Genoa the choice seems, as a rule, to have been a 

1 On the subject of papal elections see Hinschius, Kirchenrecht, 1S69-1897, I. 239- 
294 ; Zoepfl, Papstzvahlcn vom 11. bis zum 14. Jahrhundert, 1871 ; Souchon, Papst- 
■wahlen von Bonifaz VIII. bis Urban V. , 1888 ; Sagmiiller, Papstwaklen von 1437 bis 
7555, 1890 ; Lector, Le Conclave, 1894, especially Chapters III. and IV. 



Forms of I T oting in the Italian Communes 1 5 

unanimous one, though not necessarily so j 1 in Brescia and in Ivrea 
a two-thirds vote was necessary to a choice ; 2 in Bologna the same 
proportion, twenty-seven out of forty, or thirteen out of twenty, 
was preserved ; 3 in other cities four-sevenths was the proportion.* 
In all cases more than a mere majority was required to elect a can- 
didate to office. 

In some towns, instead of only one candidate, three were chosen : 
in such cases the procedure must of necessity have been different. 
In Vicenza, for instance, 5 the electors were required to choose three 
candidates within three days, on pain of being deprived of food 
till they accomplished their task if they exceeded that limit. The 
names of the three were announced to the Council of Four Hun- 
dred " et in eodem consilio ad partitum ponantur cum tribus bus- 
solis ad ballotas," and he who received the most votes was called to 
accept the magistracy. 

The phrase which I have just transcribed brings us to the most 
interesting part of our subject, the introduction and use of the bal- 
lot in the Italian communes. It is obvious that while the various 
amendments introduced into the procedure at elections so far 
described did much to remove the violence attendant upon the 
choice of candidates, while they made corruption and intimida- 
tion more difficult, still bribery and intimidation continued in 
large part unabated. A man who must vote openly in an elec- 
toral assembly was at the mercy of his companions. He might 
be threatened with punishment for an adverse vote by one man 
as well as by fifty, and in this respect the indirect election was 
still defective. Order had been procured or at least disorder had 
been minimized, but as yet the most essential element of pure 
elections, secrecy, was lacking. This element was introduced when 
the ballot was adopted by the towns for use in their elections 
and in their legislative deliberations. That this process of advance 
was at all regular, or even that men advanced from one step to 
another entirely conscious of the progress they were making, is 
not to be thought of. The fact remains, nevertheless, that between 
the beginning of the twelfth century and the end of the thirteenth 
the communes had moved onward from direct viva voce voting to 
the indirect election conducted under the secrecy of the ballot. 

1 Ann. Jatuien., in A/on. Germ. Hist., SS. XVIII. 159, 160. 

2 Stat. Com. Brix., in A/on. Hist. Patr., LL. II. 1584 (238) ; Stat. Com. Epor., 
in A/on. Hist. Patr., LL. I. 1107. 

a Stat. Com. Bonon., in A/on. Istor. di Romagna, III. 19 ff. 

4 Stat. Com. Placent., in A/on. Hist. Parm., V. 246; Stat. Potest. Pistor. (ed. 
Zdekauer), p. 17. 

6 Stat. Com. Vicen. (ed. F. Lampertico), p. 80; Discorso sidle Governo di Firenzi 
in Capponi, St. di Firenx, I. 557. 



1 6 A. M. Wolf son 

Just when and where the ballot was first used in northern Italy, 
how it came to be revived, and whether it was first used in deliber- 
ative or electoral assemblies, cannot be stated with entire certainty. 
Probably it was first used in deliberative voting and later was adop- 
ted for use in elections. In support of this probability several ar- 
guments may be advanced. In the first place, the use of the word 
ballot would seem to support this contention. The word means 
originally simply a small ball ; these balls, as we shall see shortly, 
were commonly beans, white ones to signify affirmation, black ones 
to signify negation. Now it is scarcely probable that beans would 
have been decided upon for use in elections where distinctions 
between candidates were to be made, while it is entirely conceivable 
that they should have been adopted for use in deliberative voting. 
In the second place the earliest cases of election by ballot, as we 
shall see shortly, approximated very closely to the election by lot. 
The ballot and the ballot-box having been introduced for use in 
deliberative voting, what was more natural than that the assembly 
when sitting for the election of magistrates should appropriate the 
very convenient machinery for casting lots? Finally, the first definite 
reference to the use of the ballot in legislative proceedings ante- 
dates the first reference to its use in elections by almost twenty 
years. 

It is probable that the use of the ballot in deliberative voting 
was revived some time in the first half of the thirteenth century. 
As early as 1 246 the statutes of Brescia prescribe the vote by ballot 
in certain cases and content themselves with simply mentioning the 
process without describing it further. 1 From this time on the 
statutes of Brescia are full of references to the ballot, though never 
to the ballot in use at elections. 2 What is here referred to merely 
by name, we find fully described in other places. In the statutes of 
Vicenza, codified in 1264, there is a decree which provides that bal- 
loting shall take place as follows : All propositions placed before 
the Greater Council and the Council of Forty shall be decided by 
the use of the ballot. The councillors are required to advance one 
at a time and deposit their ballots with care, so that no one shall 
see how they have voted. "' When we have as much information as 

1 . . . . "quod non fatiet expensas aliquas de avero comunis, nisi secundum quod 
per consilium comunis Brixie reformatum cum busolis et ballotis provisum et dispositum 
merit .... Edictum fuit hoc capitulum currentibus millesimo ducentesimo quadragesimo 
sexto" .... Stat. Com. Brix., in Man. Hist. Pair., LL. II. 1584 (166-167). 

2 See, for instance, Stat. Com. Brix., as above, pp. 1584 (167), 15S4 (115), 1597, 
etc. 

3 " . . . ballotas sibi datas in busolis in quibus voluerint taliter deponant quod nemo 
possit perpendere manum in singulo imponentes." Stat. Vicen. (ed. F. Lampertico), 
p. 72. 



Forms of I T oting in the Italian Communes 1 7 

is here given, we have all that is really vital ; the two great desid- 
erata of all regulations about voting were order and secrecy, and 
these the present regulations provide for. From other sources we 
may gather information about the process of voting, the character 
of the ballots used, the arrangements for depositing the votes, for 
counting the ballots, and other details. Thus in a decree of 1279 
in Brescia we get a most minute description of the procedure. The 
decree first prohibits the use of the rising vote ; it then enacts that 
the chairman shall put the question and see that all the voters 
are provided with ballots. He must then instruct them as to the 
position of the boxes and warn them to exercise due care in casting 
their votes. All the paraphernalia must, according to the decree, be 
constructed on a particular model. The tellers are to be chosen 
from the household of the Podesta. They receive their instructions 
to be particularly careful and alert against fraud, to watch over the 
distributing, depositing and counting of the ballots, to see that the 
councillors do not meddle in any way with the boxes. 1 Other de- 
scriptions may be found in the statutes of Ivrea 2 and in the Discorso 
suite Governo diFirenzi? As to the character of the ballots used, in 
most cities these were black and white beans, 1 in one city at least, 
Florence, the ballots seem to have been made of lead. 5 

Turning now to the subject of elections by ballot, a series of 
questions are presented to us. Just how early the election by ballot 
occurs is difficult to determine. Stray references to what may have 
been elections are found in the early years of the century. Thus in 
a chronicle of Venice, under the year 1204, we have the following 
statement concerning the election of an emperor of Constantinople : 
" Habita civitate XII eligendi pariter electi, dum de idoneori ad im- 
perium scrutinium agerunt." Now the word " scrutinium," as we 
shall see, was later regularly used to describe secret elections, and 
if the chronicle were entirely reliable we should be justified in sup- 
posing that the Venetians, who were the prime movers in this elec- 
tion of an emperor in the year 1 204, knew and used the ballot as 
early as the beginning of the thirteenth century. But since Dandolo, 
the author of the chronicle, wrote a century and a half after this 
event and at a time when the ballot was already well known in 
Venice, and since the contemporary writers make no mention of the 

1 Stat. Com. Prix., in Mon. Hist. Patr., LL. II. 1584 (167-168). 

2 Stat. Com. Epor., in Mon. Hist. Patr., LL. I. 1 105. 

3 Discorso, etc., in Capponi, Storia di Pirenzc, I. 557—558. 

4 See, for instance, Stat. Pistor. (ed. Zdekauer), I. li.; Stat. Com. Parm. in Mon. 
Hist. Parm., II. 2, 52, 54, etc.; Stat. .Epor., in Mon. Hist. Patr., I. 7, 1105. 

5 Gherardi, Consulte di Eirenze, introd., p. xiii. 

6 Danduli Chronicon, in Muratori, Script. Return ItaL, XII. 330. 

VOL. VI. 2 



i8 A. M. Wolfson, 

process of election except to say that it took place behind closed 
doors, we must hesitate long before accepting this as a case of elec- 
tion by ballot. Again, in Milan in 12 15, a document was drawn up 
in which occur these words : " Item statuo quod officiales eligantur 
ad lapidem more solito." 1 

The words "ad lapidem," in view of the regular form used in 
describing elections ("ad brevia," " ad levandum et sedendum," " ad 
scrutinium," etc.) seem at first to indicate that this was to be an 
election by ballot in which stones or pebbles were to be used. 
Reasoning from this analogy, the editor of Corio's history of Milan 
interprets this passage to refer to an election by ballot ; 2 but more 
careful study by another though earlier historian, Giulini, reveals 
that the phrase simply refers to " The Stone," a sort of rostrum in 
the market-place at Milan. 3 By the middle of the thirteenth cen- 
tury, however, we begin to come upon references which are much 
more trustworthy and definite. Under the year 1252, a chronicler 
of the Bolognese district, who wrote toward the end of the thirteenth 
century, records that Brancaleone del Andalo was elected Senator of 
Rome " acl scrutinium." 4 Whether this phrase refers to the regular 
form of the ballot known later in the century or not, is, after all, not 
of the highest importance. In all probability, the election here de- 
scribed, which was an extraordinary one,° was accomplished by some 
extraordinary form of procedure. We know from the statutes of 
Bologna that in the middle years of this century the regular form 
of election was still the lot ; but it is possible that on this occasion 
the Bolognese council adopted some form of procedure in which 
special care was taken to ascertain the results of the election, or 
they may even have gone so far as to adopt for the time being the 
papal system of election, which was known regularly as the 
sci'utinium. 

Of papal elections in the thirteenth century a few more words 
may be said here. Since the beginning of the century, even before 
the papal conclave had come into existence, the cardinals, on the 
death of a pope, were in the habit of meeting together for the elec- 
tion of a new bishop of Rome. The first step in this process was 
the election of three tellers {samtatores) and three tellers for the 
tellers {scrutatores scrutatoruni). The three tellers then wrote down 

'Corio, Stor.'a di Milano (edited by E. Magri, 1S55-1S57), I. 353. 

2 Corio, Storia di Mi la no, I. 375. 

3 Giulini, Memorie, etc., di Milano (edited by M. Fabi, 1S54.-1857), IV. 223-224, 

3I5-3I7- 

4 " Et tunc in general consilip communis Bononie ad scrutinium electus fuit D. Bran- 
calconus de Andalo." Cantinelli, Chron., in Muratori (Mittarelli), 235, 236. 

5 For more details of the election see page 8, supra. 



Forms of Voting in the Italian Communes 1 9 

011 tablets the name or names of the candidates whom they wished 
to vote for, and passed them to their tellers who must keep the 
names secret. Having voted themselves, the tellers took their 
places and invited the other cardinals to vote. Each cardinal fol- 
lowed the practice just described, no ballot being revealed till the 
whole body had voted. Then the tellers opened the ballots and 
read the names of the cardinals voting and the candidates whom 
they had voted for. The results were tabulated on tally-sheets, 
and if some candidate had received a two-thirds vote he was declared 
elected. If no one had received the required number of votes the 
process had to be repeated till two-thirds of the college were agreed 
on one candidate. 1 

The ordinance of 1268, by which the election of the Doge of 
Venice was put upon a new basis, 3 is cited in most works, especially 
by writers outside of Italy, as the earliest case of election by ballot 
in modern Europe. The reason for this is that in Venice the secret 
election continued down through the centuries, whereas in many of 
the communes its use was merely tentative and died out in some 
cases almost as soon as it was introduced. That the ballot was in 
use before 1268 is, however, indisputable. In the code of Vicenza 
for 1264 the election by ballot occupies a regular and well defined 
place and gives every evidence of having been in use for at least 
several years previous to the date of the code. The details of pro- 
cedure as set forth in that code are not entirely clear ; we are, 
nevertheless, sure that the election was a mixture of the lot and the 
ballot, in which the two processes are not exactly distinguished. 
Thus in the election of the Council of Elders (Anziant), the statute 
provides that there shall be twelve elders elected by two different 
processes. First, each of the masters of the eight gilds was to sub- 
mit in writing to the Council of Forty the names of four good and 
true men from each gild, from whom eight, one from each gild, 
were to be chosen, " facto partito cum busolis ad ballotas." Second, 
eight electors were to be chosen by the council by lot, two for each 
quarter; these electors selected four worthy men from each quarter, 
and finally of these that one from each quarter was to be elder, 
" qui plures ballotas habuerit .... facto partito modo predicto in 

1 This process is described in Gaietano, Ordo Romanics, c, IT. — VII. in Mabillon, 
Museum Italicum, II. 247-250. For modern works on the subject see above, page 14, 
note 1. 

2 A description of this new form of election may be found in any of the histories of 
Venice; see, for instance, Daru, Histoire dc Venise, I. 424 ff. ; Romanin, Storia Docu- 
mentata di Vcnezia, II. 289 ff. The main idea of the decree seems to have been to in- 
troduce a system of election so complicated that all possibility of corruption should be 
eliminated. Between the choice by lot of the first thirty electors and the final choice of 
the Doge, by ballot, nine stages had to be accomplished. 



20 A. M. Wolf son 

suprascripto consilio et Gastaldis." 1 The process of taking the vote 
is not described here, but in another statute of the same code some 
additional light is thrown upon this feature of the system. In the 
election of the chief magistrate of the city, the names of five candi- 
dates for the office of elector chosen from one of the quarters of the 
city were to be placed in five boxes, one name in each box : these 
boxes were to be carried around the assembly and ballots deposited 
in them ; and the candidates whose names were in the two boxes 
having the largest number of ballots were to be declared elected. 
This process was to be repeated for each of the four quarters of the 
city and the eight men thus chosen were to act as electors of the 
Podesta? From this description we are unable to determine defi- 
nitely whether the members of the council knew what name was 
contained in each of the five boxes or merely cast their ballots hap- 
hazard ; in other words whether the ballot was conscious or merely 
a matter of chance. From indications in the statutes of Padua, the 
immediate neighbor of Vicenza, we are enabled to fill this gap in our 
understanding of the process. In Padua, instead of passing the 
boxes around, they were set up upon a sort of rostrum, to which 
the members came in order to vote. The boxes were guarded by 
four tellers, who were strictly forbidden to talk to the voters except 
for the purpose of indicating in which box the name of a certain 
candidate had been placed. 3 This decree, passed about 1269 and 
reinforced by several others of about the same date, 4 serves to bring 
clearly to knowledge the system in use. Only one thing further 
could be done to keep the election as secret as possible, and that 
is to withhold the names of the candidates until the voting had 
actually begun. This was done in at least one town: in Parma in 
the election of the treasurers, the nominating committee was re- 
quired to submit the names of candidates in writing ; these names 
were to be kept secret until the election was about to begin, when 
they were published and the balloting began at once. 5 

The new system, once introduced, spread rapidly, as did all in- 
stitutions in northern Italy, and by the end of the thirteenth century 
it had been adopted by nearly all the communes. The burghers 
seem, nevertheless, to have been able to keep up with the constitu- 
tion-makers, for it is not long before stringent rules against such 
malpractices as interfering with the voters, repeating, and stuffing 

1 Stat. Com. Vicen. (ed. F. Lampertico), pp. 72-73. 
2 Stat. Com. Vicen. (ed. F. Lampertico), p. So. 

3 " . . . qui nichil dicere debeant nisi nominando buxolis cujuslibet potestatis." 
Statuti del Comune di Padova (ed. A. Gloria), p. 7. 
* Stat, di Padova, pp. 108, 109. 
3 Stat. Com. Parm., Mon. Hist. Parm., II. 44. 



Forms of Voting in the Italian Communes 2 r 

the ballot-box had to be made. 1 Whether the communes would 
have found remedies for these evils we cannot say ; the beginning 
of the fourteenth century marks the decadence of communal life, 
and with the disappearance of the freedom of the cities the problem 
of purity in elections also disappears. 

Thus from a short study of the history of these communes we 
may learn that as far back as the thirteenth century men coped 
with many of the evils that we are fighting ; and we are bound to 
admit that they settled many of them with no small credit to them- 
selves. 

Arthur M. Wolfson. 

1 See for instance : Stat. Com. Brix., in Man. Hist. Pat/:, LL. II. 15S4 ( 1 67-168); 
Stat. Com. Parm., in Man. Hist. Parm., II. 59. 



MARYLAND'S ADOPTION OF THE FEDERAL CON- 
STITUTION 



The importance of Maryland's action in ratifying the Federal 
Constitution was fully appreciated at the time. Six states had al- 
ready approved of the new form of government, when Maryland's 
convention met in April, 178S. The result was in grave doubt in 
South Carolina, Virginia and New York. New Hampshire's con- 
vention had adjourned, without taking final action. North Caro- 
lina and Rhode Island were avowedly opposed to changing to the 
new system. If Maryland refused to ratify, or if her convention ad- 
journed without final action, the forces of Anti-Federalism in the 
doubtful states would be greatly encouraged and might even win 
the day. The people of Maryland felt that the eyes of all were on 
her, and aware of the importance of her course of action, ratified at 
once and by a decided vote. 1 Maryland had not been a state 
strongly inclined towards the Articles of Confederation and had held 
them back for two years, till she had become assured that the 
western lands would be used for the good of all. There had been 
full opportunity for discussion, and the well-informed people of the 
state did not disappoint those who watched anxiously for the de- 
cision. Madison wrote to Jefferson 2 on February 19, 1788, that "it 
is currently said Maryland will be one of the ratifying states. Mr. 

Chase and a few others will raise a considerable opposition 

But the weight of personal influence is on the side of the Constitu- 
tion, and the present expectation is that the opposition will be out- 
numbered by a great majority." Two months later, on x\pril 10, 
he wrote to Washington : 3 "The difference between even a post- 
ponement and adoption in Maryland may, in the nice balance of par- 
ties here (in Virginia), possibly give a fatal advantage to that which 
opposes the Constitution." 

Washington had been hopeful of Maryland's action from the first. 
As early as November 5, 1787, he wrote Madison: 4 "So far as 

iG. T. Curtis, Const. His/., 2d cd., I. 657. 
2 Madison Papers, I. 3 78. 

3 Madison Papers, I. 384. 

4 Writings, XL 182 (Ford's edition). January I, 17S8, writing to Jefferson, he says 
he still thinks Maryland will ratify. Writings, XI. 202. 

(22) 



Maryland' } s Adoption of the Constitution 23 

the sentiments of Maryland, with respect to the proposed Constitu- 
tion, have come to my knowledge, they are strongly in favor of it. 

Mr. Carroll, of Carrollton, and Mr. Thomas Johnson 

are declared friends of it." But he was keen to see danger from 
Maryland's wavering, and on the eve of the convention wrote 
Johnson 1 "that an adjournment, if attempted, of your convention 
to a later period than the decision of the question in this State 
(Virginia), will be tantamount to a rejection of the Constitution. I 
have good reasons for this opinion, and am told it is the blow, 
which the leading characters of the opposition in the next State 
have meditated, if it shall be found that a direct attack is not likely 
to succeed in yours. If this be true, it cannot be too much depre- 
cated and guarded against." The postponement in New Hamp- 
shire had a bad effect on Virginia. "An event similar to this in 
Maryland would have the worst tendency imaginable ; for uncle- 
cision there would certainly have considerable influence upon South 
Carolina, the only other State which is to precede Virginia, and sub- 
mits the question almost wholly to the determination of the latter." 

When Maryland had decided firmly for the Constitution, Wash- 
ington's last doubt as to its success was removed. He wrote Gouv- 
erneur Morris 3 of the situation in Virginia : "I have not at any 
moment despaired of this State's acceptance of the new Constitution, 
since the ratification of Maryland by so large and decided a majority." 
To Benjamin Lincoln 3 he expressed the opinion that Maryland's 
decision would tend to fix in favor of the Constitution many before 
undecided and even reluctant delegates who depended on Mary- 
land's decision to confirm their opinion. It has been "strongly in- 
sisted upon by the opponents in the lower and back counties," in 
Virginia, that " Maryland would reject it by a large majority," but 
this claim had proven false. In his joy, Washington 4 said to Daniel 
of St. Thomas Jenifer : " Seven affirmative without a negative 
would almost convert the unerring (sic) sister. The fiat of your 
convention will most assuredly raise the edifice. " With Maryland 
came to the support of the new frame of government a majority of 
the thirteen states and a great majority of their free inhabitants. 

Despite the importance of this portion of Maryland's history, 
its narrative has never been fully told and has been frequently mis- 
understood. 3 We will now attempt to give as complete an account 
as we may from the available sources. 

1 Writings, XI. 244. 

2 Writings, XI. 240, May 2, 1788. 

3 Writings, XI. 26 1. 

4 April 27, 1788. Bancroft, Hist, of the Const., II. 284. 

5 Vide Miss Rowland's Carroll of Carrollton. 



24 B.C. Stcincr 

Maryland had strong Federal and national leanings. Though 
she had been last of the states to accept the Articles of Confedera- 
tion, her delay had really been in the interest of a true national 
spirit. She voted cheerfully to comply with the Act of Congress 
of April 1 8, 1783, and voted to grant the five per cent, duty asked 
for, in case eleven other states should do the same. She also voted 
to grant ten shillings on every .£100 of property for twenty -five 
years, as her proportion of the internal fund required by Congress. 

We all remember the memorable meeting of the commissioners 
from Maryland and Virginia at Mt. Vernon, and their deliberations 
over the respective rights of the two states in the waters of the 
Potomac and Chesapeake. 

The fact is also well known that the state of Maryland was not 
represented at the meeting of commissioners from all the states at 
Annapolis in 1786. This fact is often mentioned to Maryland's 
discredit, as if due to a lack of national spirit or to quarrelling fac- 
tions in her legislature, but there is another possible view which 
should not be overlooked. On March 13, 1786, Daniel Carroll, 1 a 
strong Federalist, wrote a private letter to James Madison, in which 
he attributed the failure to appoint delegates to an over-caution in 
behalf of the Union, rather than to disinclination towards a more 
perfect one. The General Assembly was about to adjourn after a 
session of four months, when the proposition from the Virginia As- 
sembly for a meeting of commissioners to adjust a general commer- 
cial system reached Annapolis. The House of Delegates proposed 
to elect commissioners, but the Senate feared that the measure would 
" have a tendency to weaken the authority of Congress on which 
the Union and, consequently, the Liberty and Safety of all the 
States depends." 

They recognized that the measure was adopted by the Virginia 
Assembly with the best intentions, but they had "just received the 
Act of Congress of the 15th of February last, by which it appears 
that Body relyes solely on the States complying with the Act of the 
18th of April, 1783," and they feared that "the idea of commis- 
sioners, meeting from all the States on the regulation of Trade, will 
retard the Act of Congress from being carried into execution, if not 
entirely destroy it." These timorous Union men thought that "the 
reluctant States " would be " very willing to lay hold of any thing 
which will procrastinate that measure," and that "sound policy, if 
not the spirit of the Confederation, dictates that all matters of a 
general tendency should be [considered ?] in the representative Body 
of the whole, or under its authority." These views help to show 

1 Carroll's letters are among the Madison Papers in the Department of State. 



Maryland' 's Adoption of the Constitution 25 

us why the Federalists were so careful to gain the formal sanction 
of Congress for every step they took. 

At the winter session of 1786, the General Assembly received 
a letter from the governor of Virginia, 1 dated December 1, suggest- 
ing that a convention for amending the Articles of Confederation be 
held at Philadelphia in the next May. The House of Delegates, 
on December 21, considered the letter and voted in favor of choos- 
ing seven deputies by joint ballot of two houses. The Senate, on 
the same day, cheerfully acceded to this proposition, and asked for 
a joint conference, as the subject required the united wisdom of the 
legislature. They say : "This measure appears to us to be of the 
utmost importance and most likely, with the least delay, to vest in 
federal government those powers, which are so necessary to give 
strength and stability to the union. As the deputies must be 
cloathed with ample authority, we think it would be proper pre- 
viously to their appointment to determine in a conference of both 
houses the nature and extent of their power." 

The House of Delegates appointed Thomas Johnson, John H. 
Stone, Samuel Chase, William Paca and Robert Wright on the 
committee and they met Thomas Stone, Charles Carroll of Carroll- 
ton and William Hemsley from the Senate. On January 1, 1787, 
the conferees reported as follows : " It is agreed that the deputies 
appointed by this State, or any three or more of them, be authorised 
on behalf of this State to meet such deputies as may be appointed 
and authorised by the other States to assemble in convention at 
Philadelphia, for the purpose of revising the federal system, and to 
join with them in considering such alterations and further provisions, 
as may be necessary to render the Federal Constitution adequate to 
the exigences of the union, and, in reporting such an act for that 
purpose to the United States in Congress as, when agreed to by 
them and fully confirmed by the several States, will effectually pro- 
vide for the same;" and "that the proceedings of the deputies, 
and any act agreed to in the said convention, be reported by the 
deputies to the next session of Assembly." 2 No delegates seem to 
have been chosen until April, when R. Hanson Harrison, Charles 
Carroll of Carrollton, Thomas Stone, James Mc Henry and Thomas 
Sim Lee were chosen. As four of these did not accept the posi- 
tion, Luther Martin, John Francis Mercer, Daniel of St. Thomas 
Jenifer and Daniel Carroll were chosen to fill vacancies on May 22. 
Three days later the Assembly voted to pay them, as delegates in 
Congress were paid. 

l Md. Gazette, February 22, 1787. 

2 The act as finally passed on May 26, 1787, is printed in Documentary History of 
the Constitution, I. 25, 26. Only McHenry accepted, of the list first elected. 



26 B. C. Stcincr 

While the Convention was meeting in Philadelphia, considerable 
interest began to be shown in the matter in Maryland. There were 
three newspapers in the state : one in Annapolis and two in Balti- 
more town. The former, the Gazette, paid but little attention to 
national politics and was much more concerned with a controversy 
between Gabriel Duval, Jenifer, and Stone over the management of 
the intendant's office, or with the refusal of the Senate to pass the 
truck bill. It does inform us 1 that, in April 1787, the grand jury of 
St. Mary's County said in its report that : " A cheerful co-operation 
with our sister States at the ensuing Federal Convention will restore 
public credit and give the United States of America a rank and con- 
sequence in Europe that will be admired by all such as have wit- 
nessed the past exertions of patriotism and virtue which so emi- 
nently distinguished our glorious revolution." But such bits of 
information are rare in its sober and quiet columns. The general 
tone of its few references to such matters is Federalist, though it is 
worried by the secrecy of the Convention. 2 It reprints James Wil- 
son's great speech at Philadelphia and has a letter from " A Federal- 
ist," suggesting that there is danger that the people will elect unedu- 
cated men to the ratifying convention and that it would be better to 
have the Senate, or a body of electors, appoint the members. 3 The 
Baltimore papers, the Maryland Journal and the Maryland Gazette 
and Baltimore Advertiser, are filled with articles on the question. 
Both papers seemed to lean to the Federalist side, though they 
printed articles on both sides most impartially. The amount of space 
given to the subject is extraordinary and the number of articles re- 
printed from journals in other states shows that there is an intention 
to give the people the best arguments that can anywhere be found. 
Often we find a series of articles occupying one entire side of the 
paper and continued through five or six numbers. The Maryland 
Journal begins reprinting' articles on the question as early as April 
1787, but original articles from the pen of " Publicola," "Aristides," 
" Caution," and other local worthies do not appear before the summer. 
With true journalistic enterprise, the text of the proposed constitu- 
tion, in its entirety, is given to the readers and occasional new items 
appear, as to the progress of ratification^ in the other states. As 
early as July, Federalist writers are suggesting that the Confed- 
eration was merely a tent and that what was wanted in the new Con- 
stitution was a castle of durable materials. 6 

i Md. Gazette, April 26, 17S7. * Md. Gazette, JulyJ, 1787. 

3 Aid. Gazette, October 4, 9, 11, 25, November 8, 22, 1787. 

4 Md. Journal, April 17, June 5, September, 1787. 

5 Aid. Journal, September 25, June 15, October 2, 17S7. The Gazette (Baltimore) 
prints Paterson's New Jersey resolves on February 15, 1788. 

G Ml. Journal, July 3, 1 787. 



Maryland' s Adoption of the Constitution 27 

The autumn election for members of the legislature drew near 
and the Federalists felt that a set of men should be chosen favorable 
to calling a state convention. Samuel Chase was a candidate for 
the legislature from Baltimore town and it had been charged that 
he said a convention was in every respect improper. 1 The day after 
the charge was made, Chase delivered an address to a " numerous 
and respectable body of citizens " at the court-house. 2 In this, he 
said that the proposed Constitution of the United States would modify 
the constitution of Maryland and hence the legislature must act on 
it in the same way as on any other constitutional amendment, namely, 
by passing the measure at two successive sessions. He asserted 
that he was not opposed to the Union, but had always maintained 
the necessity of it and " the increase of powers in Congress." " I 
think," he said, " the federal government must be greatly altered. I 
have not formed my opinion, whether the plan proposed ought to 
accepted, as it stands, without any amendment or alteration. The 
subject is very momentous and involves the greatest consequences. 
If elected, I will vote for and use my endeavors to procure a 
recommendation by the Legislature to call a convention, as soon as 
it can conveniently be done, unless otherwise directed by this town." 
The next day, he sent a note to the journal, stating that he meant 
to advocate the call of a convention " to consider and decide upon 
the Constitution proposed by the late Convention for the United 
States and to appoint the election of delegates to the Convention, 
as soon as the convenience of the people will permit. I further beg 
leave to add as my opinion, that the election of delegates to the 
Convention ought to be as early in the spring as may be." 3 

Chase had the largest vote cast in Baltimore town in the week 
following and he and his associates polled three-fourths of the votes 
cast. As Baltimore town was strongly in favor of the Constitution, 
there is no doubt that his letter and speech had much to do with 
his majority. 4 His influence was great in the state and, in the pre- 
vious decade, had done much towards inducing Maryland to declare 
her independence. He used that influence in a measure against the 
Constitution. On October 1 1 the Journal published an open letter 5 
written by him and signed " Caution." It was addressed to the 

1 Md. Journal, September 25, 17S7. 

2 Aid. Journal, September 28, 1787. Ford, Essays on the Constitution,^. 325. Md. 
Gazette (Baltimore), September 28. There was no submission to the people of amend- 
ments to the Maryland Constitution of 1776. 

3 Md. Journal, Octobers, J 7 8 7- 

4 D. Carroll's letter to J. Madison, October 28, 17S7. 

5 Ford, Essays on the Constitution, p. 327. Reprinted in the Md. Gazette (Balti- 
more) of October 16. 



2 8 B. C. Stciner 

"Inhabitants of Baltimore Town" and informed them that "an 
attempt to surprise you into any public measure ought to meet your 
indignation and contempt." After this rather mysterious statement, 
he went on to tell the citizens that " determinations that involve 
the future felicity of a whole people ought not to be taken before 
the most mature and deliberate consideration and a free and full ex- 
amination of the subject and all its consequences." There had been 
a petition circulated, urging the legislature to call a ratifying con- 
vention, and "Caution" opposes this, if coupled with "your entire 
approbation of the New Federal Constitution and your desire that 
it should be adopted and confirmed by this State, as it now stands, 
without any amendment or alteration." We see here the beginning 
of that policy of conditional ratification, on which the Anti-Federal- 
ists will insist. Chase tells the people that this petition intends to 
"draw you into a declaration in favor of the whole system and to 
bind you hereafter to support it, which you must do, or allege de- 
ception or surprise." There will be a convention called without 
the petition and opinion should be held in abeyance concerning this 
Constitution. There will be at least three months before the need 
for a decision. Both sides should be heard in so momentous a 
question and the motives of any who advise haste may be suspected. 
Chase had been in favor of the truck bill, which was one of the 
many anti-creditor movements of the day, 1 and it had already been 
•charged that he was against the new government because its estab- 
lishment would leave him and his adherents in irrecoverable ruin. 
The letter signed " Caution " seemed to some to prove that Chase 
was insincere. "A Friend to the Constitution," who probably was 
Daniel Carroll, answered him in the Journal'- for October 16. This 
letter states that the convention to be called will be one to ratify, 
not one to " propose amendments or alterations." It urges the 
signing of the petition,' 1 that the legislature may " have the authority 
of the largest and most promising and manufacturing town in the 
State to countenance so important a recommendation." The peti- 
tion is proper, because the Constitution does meet the approbation 
of the people and because what is needed is to have a convention 
called "to confirm and ratify." The petition is "necessary at this 
time, because wanted as an inducement to the legislature to call 
upon the people to appoint" such a convention. Baltimore is so 
peculiarly interested in the speedy adoption of the Constitution, 
that there should be no opposition there. 

1 Md. Gazette (Baltimore), September 28, 1 787. 

2 Ford, Essays on the Constitution, p. 331. 

3 The petition was presented to the House of Delegates on December I. 



Maryland 's Adoption of the Constitution 29 

During October and November we find numerous articles ' in 
the Baltimore papers. In addition to attacks on the Constitution 
by " Democratic Federalist" and " Centinel," and defenses by 
" Uncus " and a " Friend to Order," we have a local controversy as 
to whether Chase and McMechen, the town's delegates, should be 
instructed to vote for a convention, or left to their discretion in the 
matter. 

Intense interest was manifested in the result in other states. 
When the Assembly met and summoned the delegates to the Phila- 
delphia Convention before it the Federalists praised warmly Dr. Mc- 
Henry's speech, while the Gazette, with great journalistic enterprise, 
printed the full text of Martin's argument, running it through sev- 
eral numbers. Daniel Carroll had written to Madison on October 
28 that all was going well, and his opinion seems to have been cor- 
rect, though he made a mistaken prophecy about Chase, thinking 
that if he was chosen to a convention, he would be " bound to vote 
to ratify the proposed foederal government, the impression in Balti- 
more being strong and general in favor of it." 

As soon as it was determined that a convention would be called 
there was discussion as to who should compose it. "A Mary- 
lander" 2 writes on the importance of choosing the proper men. 
The convention should be made impartial, by rejecting salaried offi- 
cers, senators, assembly-men, and considerable holders of public 
certificates, that a majority of the members may not be reproached 
with having consulted pecuniary interests, or the preservation of 
personal influence more than public good. It was asserted by 
" many red-hot Whigs " that the Tories and non-jurors were in 
favor of the Constitution from an aversion to republican govern- 
ment, and, therefore, no non-juror should be chosen " unless gen- 
erally admitted as uncommonly well versed in the principles of gov- 
ernment." Party violence should be avoided ; the majority of the 
people should remember that they are " too enveloped in their oc- 
cupations to analyze the complicated form of government." 

In the legislature, the Senate had received a message on No- 
vember 24 from the governor concerning the Federal Convention. 
The message was referred to a committee composed of George 

1 Journal : "Centinel," October 30, November 2, November 6; "Federalist," 
November 9, 30; "Uncus," December 7; "Member of House of Delegates," De- 
cember 21 ; reprint of R. H. Lee's and Geo. Mason's Anti-Federal arguments, Decem- 
ber 25. Gazette . " American Citizen," and reprints of Federal arguments from Oswald's 
Independent Gazetteer in October 5, 9, 12, November 2 ; " Democratic Federalist," 
October 26; "Watchman," October 30; "Friend to Order," October 30; " Old. 
Whig," November 2 ; Anonymous, November 6, 16 ; " Old Man," November 20. 

2 Gazette, December 4, 17S7. 



30 B. C. Steincr 

Gale, Charles Carroll of Carrollton, John Hall, and Daniel Carroll. 
Two days later, they reported in favor of holding a convention in 
March next, for the " assent and ratification" of the proposed Con- 
stitution. The resolutions in full are as follows : 

" Whereas the deputies lately appointed by the several State Legis- 
latures to meet in convention at Philadelphia, for the purpose of revising 
the federal system and considering of such alterations and provisions as 
might be necessary to render the federal constitution adequate to the exigen- 
cies of the Union, have reported a constitution for the future government 
of the United States, which, by an unanimous resolve of Congress, has 
been transmitted to the legislature of this State, in order to be submitted 
to a convention of delegates chosen by the people, and this legislature, 
approving of the opinion of the said convention, that the proposed con- 
stitution shall be submitted to a convention of the people chosen in each 
State by the people thereof, for their assent and ratification, 

' ' Therefore, Resolved that it be recommended to the people of this 
State to submit the constitution, proposed by the said federal convention 
to a convention of delegates, for their assent and ratification. 

" Resolved : that it be recommended to each county, city, and town 
in this State to elect the same number of delegates to serve in convention 
that they are represented by in the most numerous branch of the legisla- 
ture. 

" Resolved : that the qualifications of delegates to the convention 
and their electors, as to age, residence, and property be respectively the 
same with those required by the law and c< institution of this State for 
members of the House of Delegates. 

" Resolved, that the election of delegates be holden the third Wed- 
nesday of January next, at the several places fixed by law for holding the 
elections for delegates in the General Assembly, and that it be conducted 
by the same officers, in the same manner, and in the same time. 

" Resolved, that the sheriffs and other returning officers in the coun- 
ties give public notice, by advertisement fifteen days before the election, 
of the time and purposes for which the election is to be held. 

" Resolved, that the delegates so chosen meet at the city of Anna- 
polis on the first Monday in March next and if they assent and ratify the 
proposed Constitution, that they give notice thereof to the United States 
in Congress assembled." 

On the next clay the House of Delegates adopted a different 
series of resolutions, calling a " convention of the people for their 
full and free investigation and decision." Their resolutions are less 
strongly Federal in tone and show the influence of Chase and his 
friends. They postponed the date of the convention until April 21, 
which postponement was regarded as unfriendly to the Constitution. 
The House resolves in full were as follows : l 

"Resolved, that it be recommended to the people of this State to 
submit the proceedings of the federal convention, transmitted to the 
General Assembly through the medium of Congress, to a convention of 
the people for their full and free investigation and decision. 

1 Gazette, December 6, 1787. 



Maryland '.y Adoption of the Constitution 3 1 

'•' Resolved, that it be recommended to such of the inhabitants of this 
State as are entitled to vote for delegates in the General Assembly, to 
meet in their respective counties, the city of Annapolis, and Baltimore 
town, on the first Monday in April next, at the several places fixed by 
law for holding the annual elections, to choose four persons for each 
county, two for the city of Annapolis and two for Baltimore town, to 
serve in the State convention for the purpose of taking under considera- 
tion the proposed plan of government of the United States and that the 
said elections be conducted agreeably to the mode and conformably with 
the general rules and regulations prescribed for electing members to serve 
in the House of Delegates. 

'• Resolved, that the delegates to be elected to serve in the State 
Convention shall, at the time of election, be citizens cf the State and 
actually residing therein for three years next preceding the election, resi- 
dents of the county where they shall be elected twelve months next pre- 
ceding the convention, and be twenty-one years of age. 

"Resolved, that the sheriffs of the respective counties, the mayor, 
recorder and aldermen or any three of them in the city of Annapolis, 
and the commissioners of Baltimore town, or any three of them, shall 
and they are hereby required to give immediate notice by advertisement 
to the people of the counties, city of Annapolis, and Baltimore town, of 
the time, place, and purpose of the elections as aforesaid. 

"Resolved, that the persons so elected to serve in the said conven- 
tion do assemble on Monday the twenty-first day of April next at the 
city of Annapolis and may adjourn from day to day, as occasion may re- 
quire, and that the same delegates, so assembled, do then and there take 
into consideration the aforesaid constitution and, if approved of by 
them or a majority of them, finally to ratify the same, in behalf and on 
the part of this State and make reports thereof to the United States in 
Congress assembled. 

' ' Resolved, that the delegates to be elected for Baltimore be residents 
of the said town and the delegates to be elected for Baltimore County be 
residents of the said county out of the limits of Baltimore town. ' ' 

These resolves had been introduced by Mr. Key on the 24th, 
and had been carried by small majorities, the vote on the postpone- 
ment of the convention being 24 to 23, and that for inserting the 
words " a majority of them," so that the convention need not be 
unanimous in its approval of the Constitution, being 28 to 21. On 
December 1, the Senate agreed to the House resolutions, so as not 
to prolong the session, and an adjournment followed the next week. 
It was determined to print two thousand copies of the proceedings 
of the Federal Convention and resolves of the Assembly and to send 
them throughout the State, while three hundred copies of a German 
translation should be made by the printer in Frederick town and 
distributed through Frederick, Washington and Baltimore Counties. 

On November 23 the House, by a vote of 28 to 22, decided to 
ask the delegates to Philadelphia to come before it on the 29th and 
report on their work. Mercer did not come, but the other four 
were present and spoke. We have no report of the speeches of the 



32 B. C. Stcincr 

three Federalist delegates, but Luther Martin, the only Anti-Fed- 
eralist, has left us a complete record. 1 He regretted the secrecy of 
the Convention, as it prevented him from corresponding with friends 
about the proposed features. He felt that it was the object of Vir- 
ginia and the other large states to increase their power by the new 
Constitution. He gave an account of the proceedings and criticized 
the Convention's work severely, charging Washington and Franklin 
with advocating the Constitution because of the increased power 
given to Virginia, Pennsylvania and Massachusetts. The Federal- 
ists laughed at this story of a conspiracy founded by those two 
statesmen "to subvert the liberties of the United States." The 
Maryland Gazette and Baltimore Advertiser, which had printed 
Martin's address, prints attacks on it by " A Federalist " 2 and " An 
American," :i and reprints Dickinson's New Roof. $ The conduct of 
Pennsylvania is closely watched and praised or blamed, as the 
writers are Federalists or not. 5 The approval by Connecticut en- 
courages the former party , G and there is much interest in the attitude 
of Massachusetts. 7 News comes of Georgia's ratification and wild 
rumors of a plot in New York to purchase the Anti-Federalists. 8 
Open letters addressed to prominent persons appear. " An Amer- 
ican " writes to Richard Henry Lee to urge on him arguments in 
favor of the Constitution. 

The Gazette prints the resolves introduced into the Federal Con- 
vention 9 by Paterson of New Jersey and is criticized for not stating 
at the time, that Paterson finally signed the Constitution and was 
one of its supporters. 10 The Annapolis paper arouses itself from 
its somnolence only once, 11 when " An Annopolitan " endeavors to 
convince the citizens of the ancient city that they will gain rather 
than lose by the adoption of the Federal Constitution. He thinks 
there is a majority for the Constitution in the state, but says that in 

1 Gazette, December 28, 17S7 ; January I, 4, S, II, 15, iS, 22, 29, 178S ; February 
1, 5, S. The speech was said to have been taken down by a " Customer," but the Fed- 
eralists (January 1, 17SS ) maintained that it was written out by Martin himself. See 
also January 29, for Martin's letter to Thomas Cockey Deye. 

2 January II, 1 7 88. 

3 January 22, 17SS. 

4 January 15, 1788. In the same number is a brief note by " Caveto " on the dan- 
gers of arbitrary government ; see also February 5. 

5 Vide Gazette, January 4, 18, 22, 25, 29, February I, 19, 17S8. 

6 Gazette, January 25, 29. 

7 Gazette, January 18, 29, 178S. 

8 February 5, 19, 1788. 

9 Gazette, February 8, 12. February 8, Federal letter from Gentleman of Ken- 
tucky. 

10 Gazette, February 15, 19. 

11 January 31, 1788. 



Maryland" 1 s Adoption of the Constitution ^i 

every county there are men "exerting their whole power and put- 
ting every engine in motion to defeat, as they allege, the deep con- 
certed scheme of a few aspiring, wealthy, and well born." He 
points out that the new government cannot become an aristocracy, 
because the people will control it. There will be left to Maryland 
the control of enough internal matters to take the time of the Gen- 
eral Assembly and, as the federal government will probably estab- 
lish a court at each state capital, there will be two courts at Anna- 
polis. Nay, even the seat of the federal government may be placed 
there. 

During these early months of 1788, the most important publica- 
tion on the Federalist side is the pamphlet ' written by the learned 
jurist, Alexander Contee Hanson, and published under the nom de 
guerre of " Aristides." He entitles it: "Remarks on the Proposed 
Plan of Federal Government, Addressed to the Citizens of the United 
States of America and particularly to the People of Maryland." It is 
an octavo pamphlet, printed at Annapolis, and contains forty-two 
pages. It is dedicated to Washington and bears on its title-page 
the following quotation from Montesquieu's Spirit of the Laws : 
"As a confederate government is composed of petty republics, it 
enjoys the internal happiness of each ; and with regard to its exter- 
nal situation, by means of the association, it possesses all the advan- 
tages of extensive monarchies." He discusses the three depart- 
ments of government and defends the provisions of the Constitution 
with respect to them all. He takes the judiciary power in too nar- 
row a sense, thinking there can be no appeal from a state court to a 
federal one. He shows that the pretension of North Carolina and 
Georgia to the West can now be tried in a federal court. The need 
of a bill of rights is denied. 2 A warm eulogy on the Convention 
and the plan of a confederated republic is given and this is favorably 
contrasted with a league and with jarring states. Under the Union, 
Maryland will gain foreign respect and will no longer be a " poor 
member of a defenceless system of petty republics." The plan of 
the new government is not for the rich, but it will be for all " the 
happiest form of government which the sun ever beheld." Many 



1 Advertised in Maryland Gazette for January 10 and 31, 1788, to be sold at 2/9 
or 3/8 to cover cost of printing. Reprinted by P. L. Ford in Pamphlets on the Constitu- 
tion, pp. 217 to 257. 

2 On this point "A Farmer " attacks him in Maryland Gazette (Baltimore) of Febru- 
ary 15. In a letter to the Maryland Journal of April 22, " Aristides" asserts that Mr. 
Robert II. Hanson and Mr. Robert Goldsborough agree with him that the state and 
federal courts have concurrent jurisdiction, that Congress will determine in what civil 
cases a jury trial will be allowed, and that every judge may pass on the constitutionality 
of acts of Congress. He also denies that he is acting through personal ambition, as 
" Farmer " had declared. 

vol. VI. — x 



34 B.C. Steiner 

of the foes to the Constitution are paper-money men, whose plans 
Maryland has just rejected. " Should Heaven in its wrath inflict 
blindness on the people of America," he cries, " should they reject 
this fair offer of permanent safety and happiness, to predict what 
species of government shall at last spring from disorder is beyond 
the short reach of political foresight." Noah Webster well said of 
the work, " These remarks are not at all original, but they are very 
judicious, calculated to remove objections to the proposed plan of 
government." 

The work of the Federalists was so successful that, on February 
10, Daniel Carroll wrote to Madison that the plan of the Anti- 
Federalists was no longer to try to have the proposed Constitution 
rejected by the convention, but to adjourn its sessions, till Vir- 
ginia's convention has acted. They will probably fail in this, 
though some of their publications give strong proofs of a great 
degree of activity prevailing. On the other hand, Carroll thinks 
that a few of the federal publications said certain things concerning 
the conduct of individuals which might better have been omitted. 
They had been insisting that the Constitution be adopted " with all 
its faults," as it is "as little exceptionable as anything of the kind 
that ever came under " their notice. Their expectation was confi- 
dent that amendments would be made in such parts as would re- 
quire it. 1 Sentiments that the "new constitution is pregnant with 
despotism and even that it is dreadful to liberty " have been " chiefly 
propagated in Maryland by men, whose interests would be deeply 
affected by any change of government, especially for the better, and 
those, to whose embarrassed circumstances regularity and order 
would be exceedingly inconvenient." The independent electors 
were informed by " Civis " that the Federal Convention was an 
" august assembly, consisting of men of the most distinguished 
abilities, integrity," and virtue 2 and that it produced a "system 
universally admired by those of impartial political erudition and 
which, upon candid examination by the independent and well af- 
fected, is found to be fully calculated to promote the liberty, happi- 
ness, and prosperity of all the States in the Union." The papers 
now are filled with advice to electors, as to whom they should 
choose as delegates to the convention. They should avoid choos- 
ing members of the Assembly,' 1 should be "cautious and circum- 
spect " to select men of " property, character, and abilities." These 
" have too much retired from public employment," since the end of 

1 Maryland Journal, January 8, 1 788. 

2 Maryland Journal, February I, 17S8 ; Maryland Gazette, February 12. 

3 Gazette, January 4, 1788. 



Maryland' s Adoption of the Constitution 35 

the war, but it is hoped that they may now "step forth with a true 
patriotic ardor and snatch their dear country from the dreadful and 
devouring jaws of anarchy and ruin." The Federalists were urged 
to keep out of the list of delegates persons in desperate or embar- 
rassed circumstances, advocates of paper-money, the truck bill, or 
the insolvent act, and those who may expect to escape in a general 
ruin of the country. "A Clergyman" 1 writes to the country 
people of Maryland, defending the Federal Convention, and show- 
ing that the outlook is gloomy, if this Constitution is not adopted, 
and that France and other nations may claim part of our soil, to 
pay the debt we owe them, if we remain without union. 

Sometimes the writers were even inspired to burst forth into 
rhyme. A poem entitled "The Raising for Federal Mechanics" 
described the erection of the new building and ended thus : 2 

" Huzza, my brave Boys our work is complete, _ . 

The world shall admire Columbia's fair seat ; hi)4 ( O j 

Its strength against Tempest and Time shall be proof, 
And thousands shall come to dwell under our Roof; 
Whilst we drain the deep Bowl, our Toast still shall be 
Our Government firm and our Citizens Free." 

The Anti-Federalists were no less rhythmical and call the new 
structure a composite temple. 3 

" All such important high pretentions 
Weigh well, ye ensuing State Conventions, 
Which should you find or just, or wise, 
Smoothed o'er by no deceitful guise, 
But wholesome, virtuous, and true, 
From you they claim attention due. 
But selfish should they prove, or vain, 
Subverting concords sacred fane, 
Diffusing anarchy and strife, 
Those Baneful Pests of social life, 
Reject the whole impious band, 
Ere discord curse the guilty land." 

Sorry enough doggerel it may be, but it shows the bent of men's 
minds. Luther Martin led the Anti-Federalist forces and followed 
the narrative of his interview in the legislature with a series of let- 
ters addressed to William Goddard, editor of the Journal, in answer 
to the popular series, written by Oliver Ellsworth of Connecticut 
under the nom de guerre of " Land Holder." 4 " Land Holder" 
answered some of these letters and Martin again replied. In the 

1 Gazette, February 12, 1788. 

2 Gazette, February 19, 1788. 

3 Poem dated at Bladensburg in Journal for February 15. The Gazette for March 4 
has another poem, The Federal Ship. 

1 Reprinted in Ford, Essays on the Constitution, pp. 341, 344, 353, 360, 371, 378. 
Md. Journal, January 18, February 29, March 7, 18, 21, 28, April 14, 1788. 



o 



6 B. C. Steiner 



course of his letter, Martin attacks " Aristides" and says there is 
scarcely an individual of common understanding in Maryland, who 
knows the new Constitution, and " doth not allow it to be in many 
instances extremely censurable and that a variety of amendments 
and alterations are essential to render it consistent with a reasonable 
security for the liberty of the respective States and their citizens." 
He attacks "Aristides' " interpretation of the federal judiciary and 
says, if it is so complex that even "Aristides" does not understand 
it, is it not too intricate a system for common people? If the Con- 
stitution is accepted unamended, the new form of government will 
render the people " mere beasts of the burden" and reduce " you 
to a level with your own slaves, with this aggravating distinction, 
that you once tasted the blessings of freedom." There is danger 
that state rights and those of individuals be subverted and that the 
state governments be annihilated. The people are warned to " del- 
egate no greater power than is clearly and certainly necessary. To 
whomsoever power is given, not content with the actual deposit, 

they will ever strive to obtain an increase I consider it an 

incontrovertible truth that whatever, by the Constitution, govern- 
ment ever may do, if it relates to the abuse of power by acts tyr- 
annical and oppressive, it sometime or other will do Peace- 
ably, quietly, and orderly to give this system of slavery your 
negative is all that is asked by the advocates of freedom." 

With such startling language did the great lawyer seek to alarm 
the people, 1 but his ideas met with only a partial acceptance. "Sidney" 
wrote to the working people of Maryland 2 that " we common people 
are more properly citizens of America, than any particular State," 
and " Hamden" earnestly exhorted 3 the people to adopt a " Consti- 
tution, superior perhaps to that of Great Britain," framed by an 
assembly of " so many eminent and learned personages, .... 
men of candour, sense, and integrity, and also profound politicians." 
He especially defends the provisions concerning the executive 4 and 
declares that the Convention seem to have copied the British Con- 
stitution " as much as the nature of a republican 5 form of govern- 
ment and that of a limited monarchy would admit." " Paltry pi- 
rates annoy and harrass" our foreign trade and carry our citizens 
into slavery. Our public and private faith are coming to be re- 
garded like those of the Carthaginians of old and yet this admirable 

1 " Grateful" attacks him with satire in Baltimore Gazette, February 15, 1788. 
2 Journal, February 29, 1788. 
3 Journal, March 14, 1788. 
4 Vide also Gazette, April 15. 

6 Gazette, March 11, "Countryman" queries whether the Constitution will override 
state laws. 



Maryland' s Adoption of the Constitution ^7 

union is opposed by " desperate men, lost to love of country," such as 
the advocates of paper-money, the truck bill, and the insolvent act. 

" Aristides" continues his support of the Constitution in occa- 
sional letters, in one of which he again states that he does not think 
the federal courts can entertain a suit brought by a citizen against a 
state. He is attacked by " Farmer" 1 and defended by " Plebeian." 
The latter complains that there is too little general interest in the 
coming convention and urges the voters to elect and instruct their 
representatives, using vigilance to " inquire, with the strictest scru- 
tiny, into the sentiments and abilities of those who solicit our favor." 
No countenance should be given any miscreant, who would "bribe 
your integrity by the savage-like allurement of a few barbecued 
sacrifices." This allusion seems to show that there was an absence 
of other forms of bribery in the politics of the day. " Plebeian" 
defends the provision for a standing army, and the omission of a 
bill of rights, and maintains that history cannot show a " model 
better calculated to support the cause of freedom and at the same 
time, diffuse an authoritative energy through every part of the po- 
litical machine." 2 

In addition to the objections of the Anti -Federalists which we 
have mentioned, 3 they urged that the Senate would engross all 
powers of government and that Congress might make all Mary- 
land ships enter at Georgetown and, therefore, the merchants would 
go to Norfolk, and Virginia would be benefitted at our expense. 
They also asserted that the postmaster-general had prohibited the 
sending of newspapers through the mails, that the people might not 
read Anti-Federal articles and that this prohibition was the first 
step in despotism. 4 The next will be the bridling and throttling of 
the press. " Farmer" in his able articles insists that the majority of 
the people wish a union of independent states and sneers at the 
Federalists as imitators of England. 5 He fears that trial by jury 
will be overturned by the federal government. Civil and religious 
liberty will be imperilled, aristocracy and even monarchy are to be 
feared ; " Aristides " is wrong in the moderate view he holds of the 
power of the federal judiciary. " Neckar " supports " Farmer " and 

1 " Farmer'' shows great knowledge of history and is particularly bitter on the stand- 
ing army and the absence of a Bill of Rights. Aid. Journal, March 4, 14, April I. 
Annapolis Gazette, April 3, 1788. Baltimore Gazette, February 15, 29, March 4, 7. 

2 In Gazette, March 7 and April 4, 18. April 15 it reprin's a letter by John Adams. 

3 February 26, the Gazette has an article by " Caveto " against arbitrary power. 

4 Journal, March 18, 1788, April 22. 

5 Gazette, March 18, 21, 25, 28, April I, 4, 11, 15, 22, 25. March 7, "Betsy 
Cornstalk," and 18, " Hints for a public print," are melancholy examples of would-be 
funny articles on the constitutional struggle. April II, long article in Biblical style 
comparing the people to Israelites in the Wilderness. 



38 B.C. Steiner 

vigorously maintains that " every stipulation should be previous to 
adoption." 1 New advocates for the constitution enter the field. "A 
Countryman " writes to the " Country people of Maryland " that the 
federal taxation will be through excises, and therefore will be no 
burden. It will be raised from imported luxuries rather than from 
the landed interest. 2 There is no danger of tyranny, but there is 
of anarchy, unless America becomes united. "Real Federalists" 
say that the men opposed to the Constitution are desperate and that 
the majority of the House, who voted for the truck bill, were 
needy men. Such men, especially the insolvent debtors, should 
not be chosen members of the convention, for a man in debt is a 
slave to his creditor and is liable to be bribed. :i Men of wealth, 
judges, senators and members of the Philadelphia Convention 
should be chosen. 

We know little of the campaign in the counties. In Mont- 
gomery County John Mason of Virginia came over and made 
Anti- Federalist speeches in answer to Federalist ones made by Wil- 
liam Dorsey, a lawyer. 4 The vote of the county was three to one 
in favor of the Federal candidates. 

In Anne Arundel County 5 the powerful influence of the Carrolls 
and the Worthingtons was cast for ratification without amendment 
and no opposition appeared until a few days before the election. 
Then the opponents nominated Jeremiah T. Chase, John F. Mercer, 
who had been in the Federal Convention, and Benjamin Harrison. 
For a fourth candidate, they wished Governor Smallwood, but he 
was in Charles County and could not be reached in time. The name 
of Samuel Chase was then proposed, apparently without his knowl- 
edge. He came to Elkridge and Annapolis to speak against the 
Constitution. Through their vigorous efforts the Anti-Federalists 
carried the county. There was some criticism of Chase, who was 
still a member of the House of Delegates from the Federal town of 
Baltimore, for beinc chosen as an Anti-Federalist from one of the 



1 Gazette, March 25, April 11. " Insolvent" answers him sarcastically in Journal 
for April I and April 22 and attacks him for saying that the new government will not be 
responsible for the old debts. 

2 Gazette, March 4, April 4. ' ' Tully ' ' defends the Constitution, as does ' ' Fabius ' ' in 
April 22. 

3 March 21, 1788, Journal. Vide also April 4, 25. 

4 Journal, March 28, April 4. 

5 Journal, April 18. April I, " Farmer and Planter " writes long Anti-Federal 
articles saying that loss of liberty is threatened, that the rich are for the Constitution and 
have nominated the four richest men in Anne Arundel County. He grumbles about the 
excise, says that under the Constitution people may have to go to Georgia to vote for rep- 
resentatives and, if they refuse to pay the odious federal poll tax, the militia of Phila- 
delphia, Boston, etc., may come and ravage the country. 



Maryland 's Adoption of the Constitution 39 

counties. 1 His friends answered that he had never disclosed his 
sentiments, till he moved and carried in the House of Delegates the 
resolution to recommend the people to submit the proceedings of 
the Federal Convention to a state convention for their full and free 
investigation and decision. They maintained that the so-called 
Anti-Federalists were the true Federalists, and that the so-called 
Federalists were really Nationalists. One of the clergymen in the 
Baltimore presbytery had even gone so far as to say that " the 
sooner the state governments were abolished the better." 

Washington County, in the extreme west of the state, was over- 
whelmingly Federal and " if there had been a respectable oppo- 
sition," the Federal vote would have been more than doubled, " as 
the inhabitants were in readiness in the remotest parts," but the 
unanimity of the centre of the county rendered a larger Federal 
vote unnecessary. 

Harford and Baltimore Counties each elected four Anti-Federal- 
ists. Every other county sent a solid Federal delegation. There 
were, therefore, only twelve Anti-Federalists in the convention, al- 
though some of the rest were in favor of compromises. It had been 
thought at first that the opposition would be larger and it was even 
rumored that twenty-five Anti-Federalists had been chosen. 2 

Concerning the campaign in Baltimore town, where two dele- 
gates were chosen, and Baltimore County, which sent four dele- 
gates, we have the fullest details. The Federalists were at work 
betimes. They urged the freemen of Baltimore town to choose 
two pledged men, 3 preferably members of the Federal Convention. 
Conditional ratification is deprecated since this in fact "amounts to 
an entire rejection of the whole, because there is no provision made 

for taking up such a proposal or rendering it of any effect 

We, who are Federalists, should vote for and support with all our 
might two able upright Federalists, whom we know to be decidedly 
Federal, upon the most permanent and fixed principles." Under- 
hand dealing must be guarded against and Baltimore must not be 
permitted to be the only seaport to disgrace a convention by Anti- 
Federal representatives. A little later, " Decided Federalist" i com- 
plains of the supineness of Baltimore town and county. Probably 

1 Gazette, April iS, 22, 1788. Daniel Carroll writes to Madison, May 28, 1788, 
that Anne Arundel was supposed to be Federalist without opposition until four days 
before the election. Then J. T. Chase and Mercer signed and distributed a hand-bill 
which alarmed the people. Mercer made wild assertions such as that the French interest 
was with the promotion of the Federal Constitution and that the Philadelphia Conven- 
tion wished trial by jury to be taken away. " Many repent their error." 

2 Annapolis Gazette, April 10, 1 788. 

3 Journal, February 19. 

4 Journal, March 14, 1788. 



40 B. C. Steiner 

not over one hundred will come in from the county to vote. It 
will be remembered that a man with property in both places had 
two votes. " A rich intriguing Anti-Federalist character" will send 
what delegates he pleases, by means of the numerous hands he em- 
ploys and the inhabitants of the precincts, a knot always under his 
command. " Federalists should keep out all insolvents on the 
Black List. A certain man formerly attacked by the family most 
dipped in the Black List 1 now courts their interest. Let him de- 
clare for the Constitution and not be a trimmer. He is of extensive 
historical knowledge and general acquaintance throughout the con- 
tinent." George Lux of Chatsworth answers this attack in a long 
letter, in which he states that he is the man " Decided Federalist" 
means. 2 He had been secretary to the foreign committee of Con- 
gress in 1777, when it met at Baltimore, and had proposed An- 
napolis as the permanent residence for Congress. Lux states that 
in the beginning a dozen freeholders, who favored the republican 
principle that one office was enough for any man, met and nomi- 
nated John Cradock, Capt. Charles Ridgely of Wm., and George 
Lux. 3 For the fourth place Benjamin Nicholson or Thomas Jones 
was suggested. Lux opposed their nomination, as they were 
judges, and therefore interested in opposing any abridgment of 
state governments, though necessary to the Union. They finally 
agreed on Aquila Hall, as a lawyer who could judge of the ad- 
visability of adopting the article concerning the federal judiciary. 
Hall removed to Harford County, so James Gittings was nomi- 
nated. Lux had not yielded to the influence of the Ridgelys, but 
wanted impartial representation and unpledged delegates. The 
ticket was so selected as to represent all parts of the county, geo- 
graphically. Capt. Ridgely was against the Constitution. Lux 
said he wished for union and thought the good parts of the Con- 
stitution outweighed the bad ones. The compromise as to repre- 
sentation in Congress was a most " masterly one" of contending 
interests. At some future time, Lux wishes another general con- 
vention, but not now, because of the discordant views of the oppo- 
sition. Another group of voters had nominated Harry Dorsey 
Gough, a pronounced Federalist, a non-juror during the war on 
account of his religious opinions, and an assembly-man, 4 Thomas 

1 The Ridgelys. 

''■Journal, March 25, 1788. 

3 In the Gazette for February 8, " A Farmer" says Lux, Cradock, and Ridgely of 
Wm. are too young to go to the convention. It were better to choose Deye, Charles 
Ridgely and two others about fifty years old. February 12, "A Marylander'' tries to 
be impartial, says that Luther Martin goes too far, that no assembly-men should be elected 
to the convention and that Deye does not want election and should not be voted for. 

4 Lux says he was "too long estranged from public affairs and a party man." 



Maryland's Adoption of the Constitution 41 

Cockey Deye, and Charles Ridgely, cousin of the Captain. As 
election drew near, 1 the candidates realigned themselves, and 
Gough, Cradock, Gittings, and Lux appealed to the Federal voters. 
Lux objected to be pledged, saying a "six years old child can lisp 
yes," and so his name was withdrawn and that of John Eager 
Howard substituted. Deye also withdrew and the two Ridgelys 
with Col. Edward Cockey and Nathan Cromwell were the Anti- 
Federal candidates. 

It was asserted at first, that the Federalists were elected, 2 but the 
final returns gave the Anti-Federalists a majority. On the face of 
the returns, Gough received jSj, Cradock 774, Gittings 77$, and 
Howard 771; while Charles Ridgely had only 682, Charles 
Ridgely of Wm. 678, Edward Cockey 645, and Nathan Cromwell 
630. It was charged that at Dewitt's House, where there was a 
poll, 3 town men, some of them " apprentice boys, servants and slaves 
having no property in the world," voted Federal tickets, and the 
sheriff declared the Anti-Federalists elected by great majorities. 
On this election there is an interesting and curious article by " Solon " 
in the Baltimore Gazette} He maintains that, with respect to the 
new Constitution, the people are in a state of nature, that the Con- 
stitution is adopted by " the people of the United States " and, 
therefore, Maryland's legislature has no right to dictate the method 
of election of delegates. A man should be allowed to vote for 
delegates to the state convention at the place where he happened to 
be on election day. 

In Baltimore town, 5 the Federal victory was decisive. James 
McHenry, who had been in the Philadelphia Convention, and Dr. 
John Coulter were nominated by that party. The Federalists said 
there was "never greater unanimity" than in the election; Mc- 
Henry and Coulter were not nominated until the second day of the 
election, but they obtained "the general suffrages of their fellow- 
citizens," because the people were " of the opinion that the ratifica- 
tion of the Constitution ought to precede any amendments and that 
it would be injurious to our common interests, to delay its ratifica- 
tion in the hope of obtaining them in any other manner than pre- 
scribed by the Constitution." ° After the election, a procession 

1 Journal, April 4, 1788. 

2 Gazette, April II, 1 788. 

3 Held by a coroner and two justices of the peace. Legality of it attacked forcibly 
by " Casca " in Gazette of April 18. On negroes voting see letter by J. V. L. McMahon 
in Baltimore Sun for January 21, 1867. 

4 April 15, 1788 ; vide also the issue of April 25. 

5 Gazette, April 18, 25. " Publius to the great Majority of the Voters of Baltimore 
Town " writes Federal articles and attacks Chase. 

6 Gazette, April II. • 



42 B.C. Steiner 

said to number one thousand people paraded through the town, 
preceded by the United States flag and a small decorated ship, the 
Federalist} "Such was the mildness of our clime that during her 
whole voyage," writes the reporter, " she met not a single anti- 
federalist blast to ruffle her sails." In the procession were ship- 
builders, tradesmen, merchants and manufacturers. 

The Anti-Federalists maintained that the commissioners per- 
mitted all freemen over twenty-one years of age to vote, 2 so that 
votes were cast by men who had not been a week in the town and 
by others who were not naturalized Americans, but were subjects 
of Great Britain and Ireland, France and Holland. They charged 
that there were other irregularities. The commissioners took no 
oath as judges of election, and adjourned the election when they 
desired. On Wednesday of the election, which lasted three days, 
many men, including foreign sailors and servants armed with blud- 
geons, took possession of the polls and prevented peaceable German 
citizens from voting. It was admitted that over 250 illegal votes 
were cast for Mr. Sterrett, Anti- Federalist candidate ; but for Mc- 
Henry, the Anti-Federalists asserted, nearly 800 fraudulent votes 
were polled. No contest, however, was made in the convention. 

Bernard C. Steiner. 

(To be continued.') 

Members of the Convention of Maryland Which Ratified the Federal 

Constitution, April 21-29, 17S8. 3 

Members. Opponents. 

Annapolis City. 

Judge Alexander Contee Hanson, Fed. Unknown. 

Nicholas Carroll, '' 

Anne Arundel County. 
Jeremiah Townley Chase, Anti-Fed. Charles Carroll of Carrollton, Fed. 

Samuel Chase (came Apr. 24), " James Carroll, " 

John Francis Mercer, " Brice Worthington, " 

Benjamin Harrison, " John Hall, " 

Baltimore County. 

Vote. Vote. 

Edward Cockey (came April 24), Anti- Fed., 639 Harry Uorsey Gough, Fed., 192 

Nathan Cromwell (came April 24), " 629 James Gittings, " 183 

Charles Ridgely (came April 22), " 676 John Eager Howard, " 172 

Charles Ridgely of William (" ), " 673 John Cradock, " 171 

1 Journal, April II. 

2 Gazette, April 15, 22. The claim was made that there were 1047 legal voters in 
the town, of which number 671 did not vote while 1053 illegal votes were cast. 

"From the Maryland Journal oi April 11, 15 and 18, 1788. Those whose names 
are printed in italics voted with the Anti-Federalists on the final vote to adjourn. An 
article in the Baltimore Gazette for May 9 states that only three gentlemen were chosen 
out of the county of their residence. 



Maryland' 's Adoption of the Constitution 



43 



Baltimore Town. 
Vote. 
James McHenry (came April 22), Fed., 962 Samuel Sterrett, Anti-Fed., 
John Coulter (came April 22), " 958 David McMechen, " 



Vote. 
385 



Calvert County. 
James Wilkinson, Fed. 
Walter Smith, " 

Charles Graham, " 
John Chesley, Jr.,, " 

Caroline County. 
Col. Win. Richardson (came April 22), Fed. 
Major Joseph Richardson (came April 22), " 
Matthew Driver (came April 22), " 

Peter Edmondson (came April 22), " 



Unknown. 



Unkuonw. 



Joseph Gilpin, Fed. 

Henry Hollingsworth, " 

Samuel Evans, " 

James Gordon Heron, " 



Cecil County. 



Charles County. 



Gustavus Richard Brown, Fed. 
John Parnham, " 

Zephaniah Turner, " 

Michael Jenifer Stone, " 

Dorchester County. 
Robert Goldsborough, Sr., (absent.) 1 Fed. 
Nicholas Hammond, " 

Daniel Sullivane, " 

James Shaw, " 

Frederick County. 



Unknown. 



Unknown. 



Unknown. 



Thomas Sim Lee (came April 22), Fed. 
Thomas Johnson, " 

Richard Potts (came April 22), " 

Abraham Law, " 



No opposition ; county almost unanimously 
Federalist. 



Harford County. 

William Paca (came April 24), Anti-Fed. 
Luther Martin (came April 24), " 

John Love (came April 24), " 

William Pinkney (came April 23), " 

Kent County. 



Unknown. 



Unknown. 



William Tilghman, Fed. 
Donaldson Yates, " 
Isaac Perkins, " 

William Granger, " 

Montgomery County. 

Vote. 
Thomas Cramphin (came April 24), Fed., 896 Edward Burgess, Anti-Fed. 
Richard Thomas, " 895 Lawrence O'Neal, " 

William Deakins, Jr., " 894 William Holmes, " 

Benjamin Edwards, " 891 Henry Griffith, " 



Vote.. 

313 

312 
312 
3" 



1 Daniel Carroll writes Madison, April 28, that he was sick. 



44 



B. C. Steiner 



Prince George's County. 
George Digges, Fed. 
Osborne Sprigg, " 
Benjamin Hall, " 
Fielder Bowie, " 

Queen Anne's County. 

James Tilgbman, 3rd. (came April 22), Fed. 
John Seney (came April 22), " 

James Holliday (came April 22), " 

William Hemsley (came April 24), " 

St. Mary's County. 
George Plater, Fed. 

Col. Richard Barnes, " 

Nicholas Lewis Sewall, " 
Charles Chilton, " 

Somerset County'. 

George Gale (came April 22), Fed. 

Col. John Stewart (came April 22), " 
Henry Waggaman (came April 22), " 
Major John Gale (came April 22), " 



Unknown. 



Unknown. 



Unknown. 



Unknown. 



Talbot County. 

Jeremiah Baining (absent), 1 Fed. 

Col. Edward Lloyd (came April 22), " 

Robert Goldsborough, Jr. (came April 24), " 
John Stevens (came April 22), " 



Unknown. 



Washington County. 

Vote. 
Col. Thomas Sprigg, Fed., 657 Jacob Cellers, Anti-Fed., 
John Stull, " " Jacob Funk, " 

Moses Rawlings, " " Col. Andrew Bruce, " 

Henry Shryock, " " Col. Norman Bruce, " 



Worcester County. 



Peter C/iaille, Fed. 
John Done, " 

William Morris, " 
James Martin, " 





Vote. 




25 




24 




21 




14 


Unknown. 





1 Daniel Carroll writes James Madison April 28, that he was sick. 



CONTEMPORARY OPINION OF THE VIRGINIA AND 
KENTUCKY RESOLUTIONS 



The right to complete freedom in the utterance of political 
opinions has been so long a fundamental principle in the United 
States that probably few Americans will recall the fact that exactly 
a hundred years ago the controversy which eventuated in the com- 
plete triumph of that principle raged all over the Union. The Vir- 
ginia and Kentucky Resolutions of 1798, whatever their whole 
purpose, were designed primarily as a protest against the infringe- 
ment of this principle by the recently enacted Alien and Sedition 
Laws. Incidentally they gave expression to a theory concerning 
the nature of the federal union which was of equal or perhaps greater 
significance than their protest against all interference with freedom 
of speech. It is singular that a controversy which involved an ex- 
pression of opinion by the whole American people upon two ques- 
tions of so much importance should have been treated by historians 
as this one has been. Enough and more than enough has been 
written about the authorship of the resolutions and their ultimate 
object ; but little if any serious effort has been made to ascertain 
what the people of the United States thought about them. When 
Jonathan Elliot compiled his now celebrated Debates he was content 
as regards the Resolutions of 1798 and 1799 merely to reprint a 
pamphlet published in 1800 by direction of the Virginia legislature, 
adding the Kentucky Resolutions for both years. From this 
material one can learn next to nothing of the public sentiment in 
the two states which induced the passage of the resolutions and but 
little of the temper in which these resolutions were received in other 
states. None of the memorials addressed by the county courts to 
the two legislatures appear in the pages of Elliot ; and of sentiment 
outside of Virginia and Kentucky one can judge only by the answers 
of the seven states 1 whose legislatures sent to the Virginia legisla- 
ture replies disapproving of its resolutions. Believing that these 
seven replies are not sufficient to represent adequately the public 
opinion of the entire country, I have attempted to extract from con- 

1 Delaware, New York, Connecticut, Rhode Island, Massachusetts, New Hamp- 
shire and Vermont. 

(45) 



46 F. M. Anderson 

temporary pamphlets and newspapers some account of such reported 
actions and expressions as will reveal the state of public opinion 
relative to the resolutions. 

Prior to the meeting of the legislatures of Virginia and Ken- 
tucky, in 1798, a number of large public meetings, in both states, 
had denounced the recent measures of the federal government, and 
particularly the Alien and Sedition Laws. Most of these meetings 
drew up memorials on the subject and addressed them to the legis- 
lature of the state. A comparison of these memorials with the 
resolutions makes it plain that the passages in the resolutions 
which arraign the policy of the federal government merely epito- 
mize the memorials on that point. But in respect to the remedy, 
some of the memorials use only vague and general expressions ; 
others call upon the legislature to formulate the appropriate remedy 
and pledge the memorialists to accept it. 1 We are warranted, 
therefore, in concluding that the idea of the remedy which the 
resolutions put forward originated with their authors, and in brief 
with Jefferson. 

Satisfied that the resolutions of 1798 represent the voice of 
Virginia and Kentucky in their protest, and the ideas of Thomas 
Jefferson in the remedy hinted at, let us see how they were regarded 
in the other states. Maryland, from its proximity, had the first op- 
portunity to express an opinion upon the resolutions. The oppor- 
tunity was not neglected ; before the resolutions of Virginia were 
received and even before the probable action of that state could 
have been known at Annapolis, a committee of the House of Dele- 
gates was appointed to consider the resolutions of Kentucky. 
Four days after Virginia had passed her resolutions the report of 
this committee was agreed to by the House of Delegates by a vote 
of 58 to 14. This report is very brief and its dissent is expressed 
in vague and general terms : the resolutions of Kentucky are 
" highly improper, and ought not to be acceded to," for they " con- 
tain sentiments and opinions unwarranted by the Constitution of the 
United States, and the several acts of Congress to which they refer." 2 

1 The Virginia memorials were from the following counties : Caroline ( The Genius 
of Liberty, Morristown, N. J., January 10, 1799); Essex ( The Aurora, December 7, 
1798); Dinwiddle (Greenleaf s New Daily Advertiser, N. Y., December 8, 1798); 
Goochland ( The Observatory, Richmond, August 27, 1 798); Spottsylvania ( The Aurora, 
November 20, 1798); Albemarle ( The Observatory, Richmond, October I, 1798); 
Orange ( The Aurora, December I, 1798). All these papers are in the library of 
Harvard University. 

The Kentucky memorials were from county meetings in Woodford, Franklin, Bour- 
bon, and Clarke counties, and town meetings at Lexington and Mount Sterling. All are 
in the Palladium (Wise. Hist. Soc. ) for August 9 to September 4, 1798, except that of 
Clarke county [Kentucky Gazette, August 1, 1798, H. U. ). 

2 This report will appear in the next number of the Review. 



The Virginia and Kentucky Resolutions 47 

Soon after the Kentucky Resolutions had been thus disposed of 
the resolutions from Virginia were received and referred to a com- 
mittee ; the report of this committee is longer, more precise, and the 
proceedings upon it may be known in part. 1 The committee re- 
port that after most serious consideration and mature deliberation it 
is decidedly of the opinion that "a recommendation to repeal the 
Alien and Sedition Laws would be unwise and impolitic." An 
equally pointed negative is given to the remedy suggested by Vir- 
ginia : " No State government by a Legislative act is competent to 
declare an act of the Federal Government unconstitutional and void, 
it being an improper interference with that jurisdiction which is ex- 
clusively vested in the Courts of the United States." The result of 
this reasoning is a resolution which differs from the report in only 
one particular, but that an important one ; the resolution omits the 
declaration contained in the report that the power to pronounce an 
act of federal legislation unconstitutional and void belongs exclu- 
sively to the federal courts. It is therefore only a rejection of the 
Virginia remedy, not an assertion of a more appropriate one. 
Unfortunately the debates upon this report and resolution have not 
been preserved, but the proceedings so far as recorded are worthy 
of consideration. Prior to the final vote upon the report and reso- 
lution five votes were taken upon questions involving some portions 
of the whole ; two of these presented only the question of the ex- 
pediency of the Alien and Sedition Laws ; the other three dealt with 
the remedy suggested by Virginia. The final vote was forty-two to 
twenty-four ; this would seem to indicate that the endorsement of 
the Alien and Sedition Laws was made more prominent than the 
condemnation of the Virginia remedy. 2 

In the Senate the Kentucky Resolutions were presented but no 
action was taken upon them ; in reply to Virginia the resolutions 
of the House of Delegates were adopted. 3 The action of the 
state was not officially transmitted to either Virginia or Kentucky. 4 

In Maryland, discussion of the Virginia and Kentucky Resolu- 
tions seems to have been confined almost entirely to the legisla- 
ture ; in Pennsylvania the debate over them was more widely ex- 
tended. Philadelphia, as was natural from its commercial, social, 

' Ibid. 

2 For the proceedings of the House of Delegates on the reply to Virginia see the 
Albany Centinel, February I, 1799. H. U. 

3 Index to the Journals of the Senate and Home of Delegates, (Annapolis, 1S57 ), 
II. 60, 66, 280. 

4 All the replies officially transmitted to Virginia were included in the pamphlet, 
Proceedings of the Virginia Assembly on the Answers of Sundry. States to their Resolutions, 
1800. H. U. The reply of the Maryland House of Delegates to Kentucky was merely 
a committee report. 



48 F. M. Anderson 

and intellectual prominence, enjoyed the best newspapers published 
in the United States. These papers, taking notice at an early date 
of the agitation in Virginia and Kentucky, reported its progress 
with considerable promptitude and fullness. Unlike most of the 
papers elsewhere, the Philadelphia press was not content to merely 
print a portion of the news ; resolutions like those of Virginia and 
Kentucky called for comment, and the kind of comment made is 
significant. Fenno in the Gazette of the United States presented to 
his Federalist readers the resolutions of both states together with 
portions of the speech of Governor Gerrard to the legislature of 
Kentucky, under the title : " Fruits of French Diplomatic Skill." l 
Dismissing the resolutions without discussion, he attacked the 
speech. One portion of it he pronounced " a most atrocious 
train of misrepresentation and falsehood ;" another he characterized 
as "too weak and contemptible to merit much attention;" the whole 
is an "abominable speech, distinguished no less by the depravity of 
its sentiments, than the most desperate folly." It was the spirit 
rather than the matter of the speech that alarmed Fenno ; little at- 
tention was paid to the remedy which Gerrard had suggested and 
no attempt was made to show that it might not rightfully be em- 
ployed. It was the possibility of resistance to federal government 
rather than the cause of that opposition or the proposed method of 
resistance that seemed to Fenno the important side of the affair. 
The resolutions seem to have had upon him an effect similar to that 
produced upon other Federalist editors, strengthening his already 
implicit belief in the rapid approach of disaster. On March 4, 2 
he pointed out to his readers four "indications of approaching con- 
vulsion " ; number one is " the imbecility of our frame of govern- 
ment," and allusions make it plain that the imbecility referred to 
was that which made possible such opposition to the federal govern- 
ment as that of the Virginia and Kentucky Resolutions. The 
present system he characterized as " a mere experiment," " a jangling 
and chaotic confusion of federal and state governments, which I 
can compare to nothing more nearly than a farrow of pigs, who 
have so strengthened and increased on the nourishment she has 
afforded them, as to be able to insult her authority and resist her 
controul." 

As might have been expected, the bitterest invective came from 
Cobbett, who in this connection wrote some of his most character- 
istic paragraphs. At one moment the reader is surprised by a touch 
showing remarkable insight into some problem then facing the 

1 Article reprinted in the Albany Centinet, December 18, 1798. H. U. 

2 Article reprinted in the Satan Gazette, March 4, 1799. H. U. 



The Virginia and Kentucky Resolutions 49 

American people ; the next moment his admiration is excited by a 
prophecy since actually realized, or falsified only by circumstances 
which no man could then have anticipated ; meanwhile he is con- 
stantly amused by bits of sophistical reasoning, by Cobbett's igno- 
rance of American history or his failure to appreciate some of the 
most obvious traits of American character. Desiring to properly 
label Gerrard's speech and the Kentucky Resolutions Cobbett in- 
troduced them to his readers with the remark that he had always 
apprehended that the chief danger from French influence lay in the 
possibility that France might acquire Louisiana and aid the Ken- 
tuckians in a revolt from which they " were far from being disin- 
clined." That the action of Kentucky is a revolt due to French 
influence is tacitly but none the less effectively assumed in the ob- 
servation, " This most impudent speech, from the governor of that 
country, will enable the reader to judge how far my apprehensions 
are well founded." 1 To Cobbett, as to Fenno, the mere fact of 
opposition rather than the manner or the ground of the opposition 
demanded attention. 

When the news of Virginia's action reached Cobbett, his anger 
burst forth in a long hysterical article, characterized by abusive 
epithets and the absence of any real argument ; the Virginians are 
taunted with the holding of slaves and advised to study the Consti- 
tution which they profess to hold in such veneration, especially that 
portion of it which declares that all men are born free and equal ! 
The address of the legislature to the people of Virginia is pronounced 
"little short of high treason," "the most seditious that ever daring 
demagogue drew up, or that ever a factious assembly had the 
impudence and folly to sanction." 2 Neither the protest against the 
Alien and Sedition Laws nor the right of a state to render them void 
is discussed. In his wrath against the Republicans Cobbett quite 
forgot to disprove their propositions. A little later he expressed a 
more deliberate opinion upon the result to which the Virginia and 
Kentucky opposition would lead. "Virginia will have either a 
majority in congress or a separation of the states ! And, one or the 
other, I am afraid she will have, ere two years are at an end." 
But the danger of separation, he thinks, does not come from Vir- 
ginia alone. " It is very certain, too, that the New Englanders 
want to get rid of the Southern States. Their interests are as oppo- 
site as are the manners of their inhabitants." 3 This idea that New 
England will resist the impending triumph of Virginian ideas Cob- 

1 The Country Proaipi>ie, December 12, 1798. H. U. 

2 Ibid., February 6, 1799. H. U. 
*Ibid., April 3, 1799. H. U. 

VOL. V. — 4 



50 F. M. Anderson 

bett elaborates in reply to " Plain Truth," a Virginia correspond- 
ent. " In point of fact," argues Plain Truth, " no state can be 
permitted to withdraw itself from the union. In point of policy, 
no state ought to be permitted to do so." "I highly applaud," says 
Cobbett, " the motives of Plain Truth, and most sincerely hope, 
that his eloquence may produce a good effect among the Virginians. 

But I must confess, I do not think his reasoning is forcible 

Does he imagine, that the industrious and orderly people of New 
England will ever suffer themselves to be governed by an impious 
philosopher or a gambling profligate, imposed upon them by Vir- 
ginian influence? If he does, he knows little of New England. 
The New Englanders know well, that they are the rock of the 
Union. They know their own value ; they feel their strength, and 
they will have their full share of influence in the federal government, 
or they will not be governed by it. It is clear, that their influence 
must decrease ; because every man has a vote, and the middle and 
southern states are increasing in inhabitants, five times as fast as 
New England is. If Pennsylvania joins her influence to that of New 
England, the balance will be kept up ; but, the moment she decid- 
edly throws it into the scale of Virginia, the balance is gone, New 
England loses her influence in the national government, and she 
establishes a government of her own." 1 

Looking into the columns of the Aurora for expressions that will 
indicate the opinions of Pennsylvania Republicans upon the resolu- 
tions of their Virginia and Kentucky brethren, a peculiar attitude is 
discovered. Comment is almost entirely lacking, but the resolu- 
tions are published with great gusto along with other protests 
against the Alien and Sedition Laws. This seems to show that 
the resolutions were regarded as in the main a protest against ob- 
noxious laws, though the impolicy of insisting too much upon what 
was likely to prove unpopular in Pennsylvania may have had a share in 
producing" silence as regards the proposed remedy. Yet in August 
the Observatory, of Richmond, Virginia, copied from a Philadelphia 
paper a short item which seems to show that some Pennsylvania 
Republicans did approve of the tenets of their Virginia and Ken- 
tucky brethren. " Is not every officer of a state government sworn 
to support the constitution of the U. States ? If the federal gov- 
ernment passes laws contravening the constitution, is it not a breach 
of oath in a state officer to carry such laws into effect ? Are not 
the states as well as the federal government to judge of the Consti- 
tution ? Is not the Constitution a contract between the different 
states ? Arc not they to judge whether this contract be broken or 

1 The Country Porcupine, April I, 1799. H. U. 



The Virginia and Kentucky Resolutions 5 1 

violated ? If congress can annul a contract with a foreign nation 
because of its violation, will not the same justice operate to modi- 
fying or annulling a contract between States, which is no longer 
regarded ?" 1 

Legislative action upon the resolutions was not so prompt in 
Pennsylvania as in Maryland, but when taken was not less decisive. 
On January 25 the governor transmitted to the legislature the reso- 
lutions of. Kentucky. In the Senate a motion was at once made to 
lay them upon the table, apparently for the purpose of securing 
some discussion of the resolutions. But even this scant courtesy 
was refused and the motion was defeated by a vote of fourteen to 
eight. 2 In the House of Representatives no action was taken until 
February 1, when a course different in sort but similar in purpose 
was pursued. Six counter-resolutions were adopted "by a consid- 
erable majority." These counter-resolutions are devoted almost 
exclusively to Kentucky's protest and remedy for the Alien and 
Sedition Laws. These laws are "just rules of civil conduct, and 
component parts of a system against the aggressions of a nation, 
aiming at the dominion of the world"; the favorite Federalist argu- 
ment, that no well-behaved citizen need fear the operation of the 
Alien and Sedition Laws, is repeated at length. Disapproval of the 
Kentucky remedy is even more strongly expressed : a declaration 
by a state legislature that an act of the federal government is void 
and of no effect is a " revolutionary measure" as dangerous as un- 
warranted. The House does not stop, however, with denying the 
Kentucky doctrine but proceeds to enunciate its own counter-doc- 
trine. " Resolved, That in the opinion of this House, the people of 
the United States have vested in their President and Congress, the 
right and the power of determining on the intent and construction 
of the Constitution, as on the ordinary subjects of legislation, and 
the defence of the Union ; and have committed to the Supreme 
Judiciary of the nation the high authority, of ultimately and exclu- 
sively deciding on the constitutionality of all legislative acts." 3 

When the Virginia Resolutions were received, on March 9, the 
Senate repeated its former action; "voted them under the table " 
is the description of the Federalist press. The House, as before, 
dismissed them by resolution, but this time no argument was in- 
dulged in. 4 The principles of Virginia " are calculated to excite 
unwarrantable discontents, and to destroy the very existence of 

1 The Observatory, August 9, 1799. H. U. 

2 The Philadelphia Gazette, January 26, 1799. H. U. 

3 These resolutions will appear in the next number of the Revif.W. 
1 Ibid. 



52 F. M. Anderson 

government. They ought to be and are hereby rejected." This 
resolution was passed by a vote of forty-three to twenty-five, seem- 
ingly a party division and indicating that the constitutional doctrines 
of Virginia were not so heretical in the eyes of Pennsylvania Repub- 
licans as to preclude the partial endorsement of them which a vote 
against the resolution implied. 

Delaware took prompt action upon each set of resolutions ; on 
January 21, both houses of the General Assembly united in the 
opinion that the resolutions of Kentucky were " a very unjustifiable 
interference with the general government, and the constituted 
authorities of the United States, and of dangerous tendency, and 
therefore not a fit subject for further consideration of the General 
Assembly." 1 Eleven days later exactly the same words were 
again employed to dismiss the Virginia Resolutions. 2 

The New Jersey legislature did not meet until January 16, 1799, 
but its action was foreshadowed two days before in the Federalist, 
or New Jersey Gazette? The Virginia and Kentucky Resolutions 
will be dismissed " with contempt," for sedition forms no item of 
natural rights in New Jersey. Its second argument sounds like an 
echo of 1787 and shows that the Gazette understood the art of be- 
fogging the real issue by an appeal to ancient prejudices. Virginia, 
in reality, cares little or nothing for the Alien and Sedition Laws ; 
it is the Constitution she aims at destroying, and that because the 
small states have an equality with herself in the Senate. 

Four days after the appearance of this article the legislature dis- 
posed of both sets of resolutions in the manner predicted. But this 
action was not taken before a lively debate in the House had shown 
exactly the attitude of both the Federalist and the Republican mem- 
bers of the legislature towards the resolutions. 4 Additional in- 
terest is given to this debate by the fact that it is one of the two de- 
bates in the state legislatures over replies to the Virginia and 
Kentucky Resolutions which have been preserved for us. Messrs. 
Campbell and Van Cleve, speaking for the Federalists, urged imme- 
diate dismissal by a unanimous vote. About the subject-matter of 
the resolutions "no honest American could entertain a doubt"; 
" all seemed to express, both publicly and privately, the most de- 
cided disapprobation of them." The consideration of a suitable 

1 Philadelphia Magazine and Review, February, 1 799. H. U. 
2 Elliot' s Debates, IV. 558. 

3 The Federalist, or New Jersey Gazette, January 14, 1799. Am. Antiq. So:. 

4 The account of the debate here given is extracted from a detailed report which ap- 
peared in several New Jersey papers. Seethe Federalist, January 21, 1799 (A. A. S. ); 
the Guardian, or New- Brunswick Advertiser, January 29, 1799 (A. A. S.) ; the State 
Gazette, January 29, 1799 (A. A. S.). 



The Virginia and Kentucky Resolutions 53 

reply would involve a waste of time and the public money ; an ap- 
pearance of respect for a sister state is not demanded towards one 
which has shown so little respect for the general government and in 
its resolutions offered the greatest possible insult to this state ; a re- 
ply must be expressed in terms of the highest disapprobation and 
probably would be more irritating than the action proposed. 

For the Republicans the motions to dismiss the resolutions 
were opposed by Messrs. Pennington, Southard, Stillwell and Mor- 
gan. All four expressed their own disapproval of the resolutions, 1 
two of them asserting, without contradiction, that the resolution had 
no friends in the House. 2 Thus seeming to agree with the Fed- 
deralists as to the merits of the resolutions they advanced a variety 
of arguments for a different disposal of them, advocating a reply 
which should state the reasons of the legislature for rejection. 
The subject-matter of the resolutions involves questions of the high- 
est importance to the welfare and happiness of the states, but upon 
which there is much difference of opinion and agitation in the public 
mind. A sister state, especially one of the importance of Virginia 
should be treated with respect ; if the resolutions are indecent, "let 
us not retort upon them indecency." It is certainly the duty of New 
Jersey to endeavor to appease, not to irritate, and a well-reasoned 
reply will be the most likely means of preserving harmony between 
the states and may tend to work conviction. Many members of the 
House cannot be persuaded to vote for instant dismissal, and to 
force a vote upon that issue would create an appearance of division 
of opinion in regard to the merits of the resolutions. But these argu- 
ments were of no avail, for the vote upon the motions to dismiss 
appears to have been a strict party division, twenty to fifteen. In 
the Senate no action appears to have been taken, that of the House 
being regarded as sufficient. 

From the debate in the House one might conclude that New 
Jersey Republicans were not opposed to the Alien and Sedition 
Laws and differed from the Federalists over the Virginia and Ken- 
tucky Resolutions only in desiring a respectful reply to them instead 
of a summary dismissal. But an inspection of the columns of the 
Republican newspapers of New Jersey shows beyond all doubt that 

1 Pennington : " could not approve of the resolutions," " I disapprove of the 
resolutions as much as any man." Southard : " He should be sorry to be understood as 
approving of the resolutions," " he was of opinion that they had gone much too far." 
Stillwell: " He much disapproved of the resolutions." Morgan: "voted for retaining 
the Virginia resolutions, not that he approved of them." 

2 Pennington : " I am persuaded that not a man on this floor, will vote for them." 
Morgan : "I cannot think that any gentleman on this floor, would wish to countenance 
those resolutions." 



54 F. M. Anderson 

New Jersey Republicans disapproved of the Alien and Sedition 
Laws, 1 being on that point in exact accord with their brethren of 
Virginia and Kentucky. The Centinel of Freedom, the leading Re- 
publican paper of the state, published by a kinsman of Pennington, 
the Republican legislative leader, in commenting on the action of 
the House in dismissing the resolutions, asks : " "What else could 
compel the exclusive Federalists to such a precipitant measure, but 
the fear, that upon a fair and candid investigation of the Constitu- 
tionality of the Alien and Sedition Acts, they would have been de- 
clared unwarrantable by the Legislature ?" " Even in respect to the 
remedy it appears that the Republicans in the legislature were not 
in complete agreement with the Federalists, and that outside the 
legislature there were various degrees of difference among Republi- 
cans, some going, apparently, to the point of accepting the Virginia 
and Kentucky Resolutions entire. 

The attitude of the Republican members of the legislature is shown 
in a set of resolutions offered by Pennington at the next meeting of 
the House, on January 2i. 3 A long preamble sets forth that from 
the nature of the federal and state governments, each having powers 
in some cases exclusive and in others concurrent, and being " with- 
out a common judge to fix the precise boundary," it was expected 
that differences would arise. The amendment clause was provided to 
secure the adjustment of these differences ; therefore, the resolutions 
call upon Congress to assemble a convention " to amend the Con- 
stitution of the United States in such sort, as accurately to define 
the powers given to the said government of the United States, and 
precisely to mark out the boundaries of power between the state 
and general governments, in such a way, if possible, as to leave 
nothing to construction, and particularly to ascertain, and specially 
define the powers of the general government relative to crimes." 
These resolutions show conclusively that the Republican members 
of the New Jersey legislature did not accept the Federalist doctrine 
that the Supreme Court of the United States is the final arbiter of 
differences between the federal government and the states ; they 
further indicate an inclination, to put it no stronger, to accept all 
the constitutional reasoning of the Virginia and Kentucky Resolu- 
tions except the final conclusion, that each state may judge for itself. 
The resolutions were, of course, rejected by the Federalist majority, 

1 For evidence of the Republican opposition to the Alien and Sedition Laws see the 
New Jersey Journal, October 2, 1798; the Newark Gazette, January 22, 1 799; the 
Centinel of Freedom, January 22, 1 799. All H. U. 

2 January 22, 1 799. 

3 These resolutions are printed in fu'l in the Federalist or New Jersey Gazette, Feb- 
ruary 15, 1799. A. A. S. 



The Virginia and Kentucky Resolutions 55 

being dismissed on their first reading and not suffered to appear in 
the minutes of the House. 

Some New Jersey Republicans were ready to go further ; in 
fact, to accept the resolutions entire. One of these wrote a long 
article upon the subject for the Genius of Liberty, signing himself 
" Observor." l He was surprised and disappointed that the merits 
of the Virginia and Kentucky Resolutions were not touched upon 
in the recent discussion in the House ; two points ought to have 
received attention, (1) whether the Alien and Sedition Laws were 
constitutional or not ; (2) and if they were not, " whether they 
should adopt the same mode of resolution." 

" But perhaps some passive, quiescent member of the house will say, 
the Legislature of a state have no right to give an opinion, whether a 
law of Congress is constitutional or not — let Congress, or the federal 
supreme court, decide such question (and it is no matter which, if either 
is to decide), but the objection must fall to the ground on a moment's 
reflection. The constitution is a solemn compact, made between the 
individual states, as sovereignties, and the L. States collectively ; who, 
as such, possess inherently no such powers, and Congress have no right 
whatever to exercise any power not expressly delegated in that compact ; 
and all other power, not so delegated, remains entire, and belongs to the 
individual states ; and as much so as though no such compact had 
been made, and as much so as the sovereignty of any state or 
power in Europe. Now let me ask, when a treaty or compact is made 
between two sovereign powers, and infracted by one of the parties, shall 
that party, or its court, decide whether it has itself broken the compact 
or not ? When Congress, in a late act, declared France had broken the 
treaty with us, and that all obligation, on our part, ceased in consequence 
thereof, was this the case then ? Did we wait, or submit it to them to 
decide, whether they had infracted the compact or not ? Surely not, 
nor can it be right, in the present case, nor in any case whatever, with- 
out totally destroying the idea of sovereignty. If the doctrine of the 
objector is valid, and the states, individually, have no right to judge when 
the constitution is violated by Congress, there is an end to all state 
sovereignty, and state legislation, and we are at once consolidated ; and 
it will be futile to elect and pay a state legislature : besides, in the case 
of the alien law, and many other cases, the supreme court can have no 
jurisdiction, the suspicion of the President is all-sufficient to inflict the 
penalty ; how then is the supreme court to judge of the constitution- 
ality of a law which it is not to execute ?" 

The Federalist newspapers of New York state were, for the most 
part, content to copy the comments of the Philadelphia representa- 
tives of their faith upon the Virginia and Kentucky Resolutions, 
their own additions being few and short. Of real argument there 
was less in these additional remarks than in the comments of the 
Philadelphia papers, but the tone was even firmer. The New York 
Gazette concluded its account of Gerrard's speech thus : " But, thanks 
to the wisdom of Congress, WE HAVE A SEDITION LAW : 

1 Tlie Genius of Lib.rty. Morristown, March 7, 1799. H. U. 



56 F. M. Anderson 

and though a Governor may say much with impunity, the wretched 
understrappers of the party are doomed to swallow in part the bile 
with which they would otherwise bespatter the BEST PATRIOTS 
of America." ' Another New York city paper pronounced the reso- 
lutions an attempt to separate the northern and southern states, 
adding : " We sincerely wish these efforts to bring the question to 
a crisis will succeed ; and the sooner the better. We are not in 
the least apprehensive about the issue. There is a spirit of union 
and firmness in the northern states, .... which, if called to 
act in the adjustment of civil disputes about alien and sedition laws, 
will speedily put an end to all town meeting controversies on that 
subject." This threat it made advisedly, warning sedition-mongers 
to weigh well the consequences before proceeding further. 2 

Governor Jay communicated the resolutions of Virginia and 
Kentucky to the legislature promptly, but that body was slow to 
take action, nothing being done until the Federalists discovered 
that inaction was being construed as implying disapproval of the 
federal administration and its alien and sedition policy. 3 On Feb- 
ruary 15 and 16 the resolutions were discussed in the lower house 
and disposed of; as the resolution adopted contained no provision 
for its transmission to Virginia and Kentucky it has hitherto been 
overlooked, the reply of the Senate being taken for that of the state. 4 
No reports of what was said in this debate have been preserved for 
us, and our sources of information even as regards the procedure 
are provokingly meagre. The entire matter was disposed of in 
committee of the whole ; four or five attempts were made by the 
Republicans to amend the resolution offered by the Federalists. 
One of these was to incorporate a declaration that the Alien and 
Sedition Laws were unconstitutional and that Congress ought to 
repeal them ; another proposed to expunge from the Federalist 
resolution the declaration that the right to decide upon the consti- 
tutionality of the Alien and Sedition Laws belonged to the judiciary. 
These, like all the other attempts at amendment, failed ; but they are 
interesting as showing that the Republicans in the New York House 
of Representatives, like those of New Jersey, endorsed the Virginia 
and Kentucky protest against the Alien and Sedition Laws and 
shared to some extent their constitutional doctrines, though they 
were unwilling to declare that a state may judge for itself in cases 
of difference with the federal government. 

1 Albany Ccntinel, January 29, 1799. H. U. 

2 Ibid. 

3 Ibid., February 19, 1799. 

4 These resolutions will appear in the next number of the Review. 



The Virginia and Kentucky Resolutions 57 

When the final vote came the division was strictly upon party 
lines, fifty to forty-three. The preamble and resolution adopted 
are short and directly to the point. The right to decide upon the 
constitutionality of laws passed by Congress belongs to the judiciary, 
the assumption of that power by a state legislature is unwarrantable 
and dangerous ; this house, accordingly, disclaims for itself such a 
power as that assumed by the legislatures of Virginia and Kentucky, 
to pass upon either the expediency or the constitutionality of the 
Alien and Sedition Laws, and the committee is discharged from 
further consideration of the matter. 

In the Senate, as in the House, consideration of the resolutions 
was chiefly in committee of the whole ; but of the proceedings 
there nothing has been learned. When the committee rose, on March 
5, Mr. Van Vechten, a Federalist leader, reported the preamble and 
resolution which constitute the New York reply as given in Elliot's 
Debates. Spencer, the Republican leader, offered a substitute which 
declared that the senators think " themselves, individually, and in a 
legislative capacity, invested with the right of expressing their opin- 
ions upon the acts and proceedings of Congress ; and that in cases 
of dangerous encroachments and innovations on the rights and 
sovereignty of the State Legislatures, it would become their 
bounden duty to mark and proclaim such innovations ; yet this 
committee, most solemnly impressed with the importance and neces- 
sity of preserving harmony between the national and state govern- 
ments at the present eventful period, do not judge it expedient or 
proper to adopt the resolutions of the States of Virginia and Ken- 
tucky." Another Republican member offered a resolution consist- 
ing of a brief statement, that it would be improper to adopt the 
resolutions of Virginia and Kentucky. Debate upon these substi- 
tutes was shut off by the previous question, carried by party votes. 
An amendment offered by Spencer for the purpose of making it 
appear that the reply of the Senate was chiefly directed against 
those portions of the Virginia and Kentucky Resolutions which 
assert for the states a power to render acts of Congress void, was 
defeated though several Federalists joined with the Republicans on 
that issue. Then the final vote came and the division was strictly 
according to party lines, 3 1 to 7. 1 The questions passed upon in 
the Senate did not involve the attitude of its members towards the 
protesting and the remedial features of the Virginia and Kentucky 
Resolutions so exactly as did those raised in the House, but taking 
them together they show, beyond much doubt, that the attitude of 
the Republicans in both houses was the same, endorsement of the 

1 Albany Ccntinel, March 8, 1799. H. U. 



58 F. M. Anderson 

protest and partial acceptance of the reasoning upon which the 
remedy was grounded. 1 

When the Kentucky Resolutions were laid before the General 
Court of Massachusetts the Federalist leaders in that body seem to 
have determined that the disapprobation of Massachusetts should be 
expressed with no uncertain sound. Accordingly, a joint committee 
of both houses was appointed for their consideration ; this com- 
mittee, consisting of three from the Senate and four from the House, 
was composed entirely of Federalists and had for its most distin- 
guished members John Lowell and Nathan Dane. 2 The Virginia 
Resolutions, arriving after the appointment of the committee, were 
also referred to it. 3 

Both sets of resolutions were in the hands of the committee by 
January 18, but the report upon them was not presented to the 
Senate until Saturday, February 2. On the Monday following, as 
the result of a considerable debate upon the proper form of proceed- 
ing, the report was referred back to the committee to be changed 
from resolutions into a declaration. The next day the report came 
up for discussion on its merits. What was said by the Federalists 
cannot be ascertained, as the Senate met in secret session and none 
of the Federalists published their speeches. There was but one 
Republican in the Senate, John Bacon of Berkshire, but he made a 
determined protest against the report of the joint committee and 
afterwards published his speech in the Chronicle} 

Remarking that the committee had chosen to direct their argu- 
ments chiefly at establishing the constitutionality of the Alien and 
Sedition Laws, Bacon announced that his attention would be con- 
fined to that question, even to the exclusion of another of at least 
equal importance, " the question respecting the right finally to judge 
and determine as to the constitutionality of the acts of the General 
Government." The remainder of the speech, which occupied four 
columns in the Chronicle, is a well-considered presentation of the 
familiar Republican arguments against the constitutionality of the 

1 The attitude of the Republicans in the legislature appears to have been that of the 
party generally ; see an article from the Albany Register, reprinted by the Chronicle 
(Boston), February 25, 1799. 

" It is impossible to conceive a doctrine more opposed to the constitution of our 
choice, than that a decision as to the constitutionality of all legislative acts rests solely 
with the Judiciary Department ; it is removing the corner stone on which our federal 
compact rests ; it is taking from the people the ultimate sovereignty, and conferring it on 
agents appointed for specified purposes ; it is giving an administration the power of pass- 
ing what laws they please, and of course a power to set at defiance the constitution when- 
ever it may run counter to their projects of tyranny and ambition." 

2 The names will be found in the Columbian Ccntincl, January 23, 1799. 

3 Massachusetts Mercury, January 22, 1 799. 

4 February 14, 1 799. 



The Virginia and Kentucky Resolutions 59 

Alien and Sedition Laws ; its tone is remarkably moderate through- 
out. Of course Bacon's reasoning did not convince any of his Fede- 
ralist colleagues, but it cannot be said to have been without effect, for 
the President of the Senate moved that the report be referred back to 
the committee " for the purpose of strengthening it by new and 
more cogent reasons." 1 

Three days later the committee presented its report again, con- 
taining "additional reasons in support of the alien and sedition 
laws." As now amended the report was passed by a vote of thirty- 
one to two, one Federalist voting against it because of a passage de- 
claring that in all cases involving the Constitution and laws of the 
United States the decision belongs to the judiciary. On the day 
following the matter was reconsidered and the passage altered to 
read "cases in law and equity," whereupon the objecting Federalist 
changed sides, leaving the final vote all but unanimous. " 

In the House of Representatives consideration of the report was 
confined to a single day, February 12. This debate was open to 
the public and from the reports of the Mercury and the Chronicle a 
good idea of the debate may be obtained. 3 

For the Federalists, Mr. Pickman of Salem opened in what the 
Mercury called " a very able, eloquent and classical speech." He 
pronounced the Alien and Sedition Laws both constitutional and 
expedient, denying that aliens had any rights under the Constitution. 
The greater part of his speech was a defence of what he denominated 
the chief feature of the report, its constitutional doctrines. It is 
evident that Pickman dwelt more particularly upon the disastrous 
consequences which would certainly follow interference by the states 
than upon the question of their right to interfere, using that ex neces- 
sitate method of constitutional argumentation so much employed by 
the Federalists — a given course of action would result badly, there- 
fore it must be inhibited by the Constitution. 

Colonel Barnes of Marlborough denied the right of the state 
governments to interfere in any manner in federal questions, and 
from this principle disapproved of giving any opinion upon the sub- 
ject. This scruple, which was shared by other Federalists, was 
overcome by the next Federalist speaker, John Lowell, who ex- 
plained that the report should be considered as only an expression 
of the individual opinions of the members, not as a legislative 
declaration. Some such expression of their individual opinions was 

1 Columbian Centinel, February 9, 1 799. 

i Philadelphia Magazine, March, 1799, pp. 114-115. H. U. 

3 In the account which follows I have used the report of the Mercury unless the 
Chronicle is indicated. See the Mercury, February 19, 1 799, and the Chronicle, Feb- 
ruary 14, 1799. 



60 F. M. Anderson 

absolutely imperative under the circumstances, for silence would be 
construed as assent to the doctrines of Virginia and Kentucky. 

Lowell, as the Federalist leader in the House and as a member 
of the joint committee, made the most elaborate argument in behalf 
of the report. Three distinct propositions are involved in the 
report, i. " The first, and the most important," said Lowell, is 
" that the State Legislatures have no constitutional right to judge 
•of the acts and measures of the Federal Government." 2. The 
Alien and Sedition Laws are constitutional. 3. They are also 
■" expedient and necessary." In support of the second and third 
propositions, Lowell argued that the Alien Law was forced upon 
the United States by the machinations of France ; that the Sedition 
Law was equally well grounded and, if possible, yet more ex- 
pedient. For the constitutionality of the Sedition Law Lowell of- 
fered no argument, while upon that phase of the Alien Law his 
only argument was to declare, in reply to 'a challenge to point out 
the clause of the Constitution which warranted it, " the very object 
and scope of the Federal Compact was to invest in one general 
head the whole National Concerns." 

Taking the Federalist speeches in the aggregate there appears 
to have been considerable warrant for the Chronicle's complaint that 
the question was superficially argued by the advocates of the report. 
Doubtless the certainty of a large majority in its favor will account 
for this and for their maintaining, as the Chronicle charged, an in- 
tolerant and contemptuous attitude towards their opponents " more 
conspicuous than ever disgraced these walls." 

On the Republican side five or six short speeches were made by 
different members, but little can be learned about the ground which 
they took for opposing the report. The Mercury, the only paper 
which notices these speeches, states that all of these speakers 
" professed a strong disapprobation of the Resolutions of Virginia, 
but could not agree to the proposition adopted by the Senate in 
reply to them." The only elaborate speech on the Republican 
side was one read from manuscript by Dr. Aaron Hill of Cambridge 
in concluding the debate. This, like the speech of Bacon in the 
Senate, was afterwards published in the Chronicle} The most im- 
portant feature of it is the portion devoted to a consideration of the 
declaration contained in the report, that the right to pass upon the 
constitutionality of federal laws belongs to the federal government. 
Denying the correctness of this doctrine, Hill set forth what he con- 
ceived to be the true nature of the federal union and the rights of the 
states in cases of encroachment upon their reserved powers. 

1 Chronicle, February 25, 1 799. 



The Virginia and Kentucky Resolutions 61 

" The Federal Government is, as the term imports, a confederation 
of States, and the People of each State have transferred to the United 
States, such a portion of their power as is, in the Constitution specified, 
to be exercised by Congress, and have reserved the Remainder to the 
States, to be exercised by their respective Legislatures . . . From the dis- 
tribution of power in the Federal and State Constitutions, it appears that 
Congress are the proper guardians of the one, and the State Legislatures 
of the others, and while the individual States retain any portion of their 
sovereignty, they must have the right to judge of any infringement made 
on their Constitutions, for if the right is transferred exclusively to Con- 
gress, or to any department of the General Government, no vestige of 
sovereignty can remain to the individual States, but they become a con- 
solidated instead of a Federal Government, and the oath and declaration 
required by our Constitution, will remain a lasting monument of the 
inconsistency of a People who require of their Agents an oath to defend, 
without a right to judge whether it is attacked." 

This, certainly, is not much short of the remedial doctrines of 
the Virginia and Kentucky Resolutions. At the conclusion of this 
speech the vote was taken and the report was accepted. 

The action of the General Court was, of course, quite differently 
received by the Federalist and Republican papers of Boston. Be- 
fore the report had been considered in either house the Centind had 
confidently announced that what such a committee should report 
" must be correct." 1 When both houses had stamped the report 
with the seal of their approval the elation of the Ccntincl knew no 
bounds ; the document will be " an everlasting record of the Wis- 
dom, Patriotism and enlightened Policy of the present times. . . . 
Indeed, he who now doubts the rectitude of such principles must 
be worse than an infidel." 2 

When political fanaticism reaches the pitch of arrogance dis- 
played by this remark of the Centinel and by that of the Federalist 
member of the House, who stigmatized his Republican opponents as 
a "contemptible minority," one need not be surprised to find Re- 
publican dissent, however modest its expression, treated in a sum- 
mary fashion. The tone of the Chronicle, tested by the standard set 
in the Centinel and other Federalist papers, was a model for fairness 
and courtesy towards its opponents ; measured even by the standards 
of today, there was little in its tone to which exception might 
fairly be taken. But this moderation did not secure its publishers 
from persecution for persistently adhering to their political convic- 
tions. Within a week after the passage of the Massachusetts reply 
to Virginia and Kentucky, provocation for an attack upon the Chron- 
icle was found in two articles that appeared on February 18. In 
one of these a correspondent observed that in May 1798 Massa- 
chusetts was a " free, sovereign and independent state" except in 

1 January 23, 1799. 2 February 16, 1799. 



62 F. M. Anderson 

matters specially committed to the federal government. As proof 
of this assertion he appealed to the evidence furnished by about two 
hundred respectable witnesses, who, in order to secure seats in the 
legislature of the Commonwealth, had taken oath to that fact and 
to their opinion that it ought to be so. But recently, when the state 
of Virginia propounded the question whether the sovereignty of the 
individual states was not invaded by certain acts of Congress, a 
majority of these same witnesses disclaimed for the legislature of 
Massachusetts and all the states " any right to decide upon the con- 
stitutionality of any act of Congress." This action by the majority 
of the witnesses led the correspondent to make the following request : 

"As it is so difficult for common capacities to conceive of a sover- 
eignty so situated, that the Sovereign shall have no right to decide on any 
invasion of his constitutional powers ; it is hoped for the convenience of 
those tender consciences who may hereafter be called upon to swear al- 
legiance to the State, that some gentleman skilled in federal logic will 
show how the oath of allegiance is to be understood, that every man may 
be so guarded and informed, as not to call upon the Deity to witness a 
falsehood." 

The other article consisted of a few remarks upon Bacon's speech 
in the Senate. It contained this sentence : " The name of the Amer- 
ican Bacon will be handed down to the latest generations of free- 
men, with high respect and gratitude, while the names of such as 
have aimed a death wound to the constitution of the United States 
will rot above ground and be unsavory to the nostrils of every lover 
of republican freedom." 

The next day after the appearance of these articles in the Chron- 
icle the Supreme Judicial Court of the Commonwealth opened its 
term in Boston. Chief-Justice Dana in his charge to the grand jury 
called its attention to the articles, remarking that he obtained a copy 
of the paper by accident, for if he were a subscriber " his conscience 
would charge him with assisting a traitorous enmity to the Govern- 
ment of his country." l 

The result of Chief-Justice Dana's harangue to the grand jury 
was the return of an indictment against Thomas Adams, editor and 
publisher of the Chronicle, and Abijah Adams, a younger brother, 
employed in the office of the paper. 2 They were charged with an 
offense against the peace and dignity of the Commonwealth in 
" contriving falsely and maliciously to bring the Government into 
disrespect, hatred and contempt among the good and liege citizens 
of the commonwealth," and with encouraging sedition, disobedience 
and opposition to the laws, by the articles already quoted. 

1 Massachusetts Mercury, February 22, 1799. 

2 The indictment and other papers connected with the case are in the manuscript 
records of the Massachusetts Supreme Judicial Court, Vol. 1799, folio 183, No. S191. 



The Virginia and Kentucky Resolutions 63 

On February 22 Chief-Justice Dana issued a writ commanding 
the sheriff to arrest the culprits. Under this writ Abijah Adams 
was taken into custody, but was released pending his trial upon fur- 
nishing bail in the sum of one thousand dollars. Thomas Adams 
was not arrested. At the time he was suffering from what proved 
to be a fatal illness, and the sheriff returned a certificate signed by 
two physicians affirming that he could not be taken before the 
court without serious danger to his life. 

The arrest of the younger Adams took place on the twenty- 
seventh of February and on the following day the Chronicle for the 
first time took notice of the attack upon itself. Less than ten lines 
sufficed for the simple announcement that the younger Adams had 
been arrested and that his trial would begin the next day. Ultimately 
the indictment and every transaction connected with the affair, the 
Chronicle promised, would be minutely handled for the public in- 
struction, but prior to the decision, " We scorn to attempt to bias 
our numerous readers on this subject." This promise was kept and 
not a single line further appeared in the Chronicle until after the en- 
tire affair was over ; then the whole case of the defense was pub- 
lished in four installments, aggregating twenty-five columns. 1 From 
this elaborate argument, brief notices of the trial in the Mercury and 
Centinel, and the manuscript records of the Supreme Judicial Court 
a quite complete account of the entire trial can be extracted. 

Frank Maloy Anderson. 

(To be continued.) 

1 Chronicle, April 1 1 to May 2, 1799. 



THE UNIT RULE IN NATIONAL NOMINATING 
CONVENTIONS 

For a period of one hundred years the Constitution has been 
in process of extra-legal amendment. In its written form it pro- 
vides for the election of a president and vice-president in a certain 
way, but those officers are now elected in a different way. They are 
elected, so to say, by a process of elimination. Each party makes 
the elimination within its own ranks and presents a candidate for the 
final contest ; the machinery for making these eliminations is the 
nominating convention. 

It is generally supposed that the national conventions of the 
two parties are very similar in the general characteristics of their 
organization — that the actual differences between them are very 
few. A careful study of the subject will show that this is true ; 
but it will also show that however few the differences may be, they 
are yet important and fundamental, and reveal the underlying ten- 
dencies and principles of the two parties. These differences may be 
summed up in what are known as the two-thirds rule and the unit 
rule. The first of these rules provides that no candidate shall be 
declared nominated unless he shall have received two-thirds of all 
the votes cast. It has prevailed in Democratic conventions only. 
The second of these rules is one which allows (but does not com- 
pel) the majority of a state delegation to cast the entire vote of the 
state. It is, properly speaking, not a rule of the national conven- 
tion, but only of the individual delegations ; it is a method of cast- 
ing the state ballot — a manner of voting ; and has reference 
to the national convention only in so far as that body permits or 
does not permit its use. This rule also has prevailed only in Demo- 
cratic conventions. 

The two-thirds rule, though in its origin no part of the unit rule, 
may at the present time be justly considered part and parcel of it. 
The first Democratic convention adopted the rule requiring a two- 
thirds majority because it was believed that nominations thus made 
would have greater authority with the people. But the authority 
of the national convention soon became such that it was no longer 
necessary to resort to such devices, for its decisions would be con- 
sidered binding in any case, and many efforts were therefore made 

(64) 



Unit Rule in National Nominating Conventions 6s 



<b 



to do away with the practice entirely. None of them were success- 
ful, and the two-thirds rule has been perpetuated ; perpetuated for 
the reason, as the debates show, 1 that it was thought to supplement 
the unit rule which so many states were using, and was considered 
in justice a necessity so long as the latter rule was allowed to prevail. 
A little thought will show how, if the two-thirds rule were abro- 
gated, a few very large states being nearly evenly divided on candi- 
dates, and yet enforcing the unit rule, might secure a majority for a 
candidate whose actual strength would measure only a small mi- 
nority. While the use of the two-thirds rule does not make this 
condition of affairs impossible, it lessens the probability that it will 
occur ; and we may therefore consider those two rules as practically 
inseparable — two parts of a single system, and that system the 
casting of state votes as a unit. It is then the so-called unit rule 
which is of importance, and in which we must seek the differences 
between the two conventions. I do not believe that this rule or its 
significance is very generally or very well understood ; to trace its 
history from the beginning of both parties — to show what has 
been the attitude of both parties toward its introduction and use in 
their national conventions, and to point out from the results obtained 
its general meaning will be the object of this paper. 

To begin with, it may not be unprofitable to quote from a recent 
writer on the subject, in order to have something definite in mind 
the while, for purposes of comparison and criticism. Mr. Dallinger, 
who has recently written a book for the Harvard Historical Studies," 
says on page 41 : " Either in the form of a rule adopted by the con- 
vention or in the form of instructions by the state conventions the 
practice of having the majority of each state delegation cast the entire 
vote of the state soon became firmly fixed in the proceedings of both 
the leading political parties. The first successful revolt against this 
disregard of the right of the minority occurred in the national con- 
vention of the Republican party in 1876." Again on page 134 he 

says : " This undemocratic custom was abandpned by 

the Republicans in 1880 ; but it still prevails in a modified form in the 
national councils of the Democratic party." 

With these statements in mind we may proceed to examine in 
detail what rules the national conventions have passed, and what 
discussions have occurred with reference to this matter. 3 My plan 

1 Particularly in 1844 ; see Niles, LXVI. 211 ff. 

2 Nominations for Elective Office in the United States, New York, 1 897. 

3 It is hardly necessary to say that the main sources for this subject are the journals 
of the conventions. These have been published for the most part under the direction of 
the executive committees of the national committees, and bear the title of Official Pro- 
ceedings. In a few instances in which these have not been obtainable, the best detailed 

VOL. v.— 5 



66 C. Becker 

is the simple one of examining each convention in order, and con- 
sidering, first, the rules which were adopted, and second, the dis- 
cussion which occurred, together with such other evidence as may 
have a bearing upon the general problem in hand. 

I. Democratic Conventions. 1 

The first Democratic convention was held in 1832, and the com- 
mittee on permanent officers reported, among other things, the fol- 
lowing resolution : 2 " That in taking the vote the majority of the 
delegates from each state designate the person by whom the votes 
for that state shall be given." This is vague. It may or may not 
give the majority the right to cast the entire vote ; it probably does 
not. But it at least has this significance : it shows a tendency at the 
very beginning to leave the decision of all such matters to the state, 
or the delegations which represent the state. 

In 1835 the same resolution was again adopted. 3 In balloting 
for vice-president Ohio gave her entire vote (21) for Richard M. 
Johnson, whereupon a delegate protested that not all the delegates 
had voted for Johnson. The chair ruled that it was a matter for the 
delegation to decide for itself. 4 

Nothing new appears until 1848. This year the following reso- 
lution was adopted :° " Resolved, that in voting upon any questions 
which may arise in the proceedings of the convention the vote shall 
be taken by states at the request of any one state .... the manner in 
which said vote is cast to be decided by the delegation of each state 
for itself." This rule save rise to no discussion during the con- 
vention ; and indeed in the earlier assemblies as a whole, very little 
is said about the justice or injustice of unit voting, from which we 
may infer that the practice itself was not very common. 

The next convention, that of 1852, adopted the same rule word 
for word." On the thirty-fourth ballot for president Georgia gave 

reports in the various newspapers have been used. These main sources I have supple- 
mented by such newspapers and memoirs, etc., as were at my command. 

1 Four Anti-Masonic conventions were held, in the fall of 1830, 1831, 1S37 and 
1838. I have not been able to find what rules, if any, were adopted with reference to 
the method of voting. But it is clear that the question never was prominent enough to 
excite any discussion ; and these conventions can have had, therefore, little or no influ- 
ence in this matter, on the policy of any other party. See Niles, XXXIX. 58 ; XLI. 
109 ; LIII. 68 ; LV. 177, 221. The same may be said of the Liberty Party conventions 
of 1840 and 1843. See Niles, LVIII. 96 ; LXV. 47. 

2 Niles, XLII. 235. 

3 Niles, XLVIII. 227. 

* Niles, XLVIII. 229. 

"Niles, LXXIV. 74. 

6 Official Proceedings, 1852, p. 8. 



Unit Rule in National Nominating Conventions 67 

ten votes for Stephen A. Douglas. Mr. Jackson, on behalf of the ' 
Union Democracy of the state, protested that this did not express 
the voice of the people. The chair ruled that the vote must be re- 
corded as announced. 1 

The same rules were again adopted in 1856 and in i860; but 
the committee in i860 recommended this addition :' 1 " That in any 
state which has not provided or directed by its state convention 
how its vote may be given, the convention will recognize the right 
of each delegate to cast his individual vote." The adoption of this 
amendment was accompanied by some discussion which is mostly 
not of great importance. 3 Mr. Cessna, chairman of the committee, 
explained why the amendment had been introduced. He said that 
the practice of preceding conventions had always been in harmony 
with its provisions, but that the committee feared it was no.v the 
intention of some states to interpret the old rules in a different way. 
The amendment was to prevent this ; it was to make any other con- 
struction of the rules than the ordinary one impossible. 1 

Several questions were raised under this amendment during the 
course of the convention. Nelson of Georgia claimed the right to 
cast his individual vote because the delegation had been merely 
"requested," not instructed to vote as a unit ; but the chair ruled 
that the words " provided or directed" in the amendment made a 
"request" as binding as an instruction, and that the vote of the 
state must therefore be cast as a unit. 5 The New Jersey delegation 
had been "instructed" to vote as a unit for president, but on all 
other questions only " recommended" to vote as a unit. When the 
minority report on platform came up the minority of the New 
Jersey delegation made a protest on this ground ; the chair ruled 
here as in the case of Georgia, but an appeal from the decision of 
the chair was sustained by a vote of 145 to 157/' 

This is fine quibbling. A recommendation amounts to an in- 
struction unless both words have been used, in which case it does 
not. The thing to be noted, however, is the distinction which the 
amendment makes between the state convention and the delegation. 

i/bid., p. 57. 

2 Official Proceedings, i860, p. 10. 

3 Ibid., p. 11. 

4 Official Proceedings, i860, p. 12. The New York Times (April 25, p. 4) says 
this " innovation was designed to set at liberty certain Douglas votes from Massachusetts, 
Pennsylvania and elsewhere, otherwise overwhelmed by an unfriendly majority." This 
is not likely, since the Douglas men did not control the organization of the convention. 
The report of the committee of which this amendment was one part passed with one dis- 
senting vote. See Official Proceedings, i860, p. 15. 

5 Official Proceedings, i860, p. 46. 
6 Ibid., p. 51. 



68 C. Becker 

The decisions of the former with regard to unit voting are recognized 
as valid — the decisions of the latter are not. 

It was owing to difficulty over the adoption of a platform that 
a number of the Southern states seceded from this convention in a 
body. A majority of the delegates from Georgia decided to with- 
draw with the others. Ten delegates, however, remained and 
claimed to represent the state ; but the chair ruled that Georgia had 
withdrawn. An appeal was taken and the chair was sustained by a 
vote of 148 to ioo. 1 In the Virginia state convention a resolution 
to instruct the delegation to vote as a unit had been withdrawn on 
the ground that it Avas not necessary, since Virginia had always 
voted as a unit, and the precedent thus established was too strong 
to be disregarded. A majority of the delegation on this plea tried 
to force a unit vote on the twenty-third ballot, but the chair held 
that " unless instruction had been given by the state each individual 
had a right to cast his own vote." 2 In the Baltimore convention 
the rule and precedents „ of the Charleston convention were fol- 
lowed. 3 

At the close of i860 then the unit rule may be stated as fol- 
lows : As to the method of casting the ballot of a delegation the 
state convention is supreme ; its instructions must be followed. In 
case no instructions are given the national convention then assumes 
authority and says that each individual delegate shall be allowed to 
cast his own vote. 

It is probable that the rulings of i860 were followed by an in- 
crease in the number of states which instructed their delegates to 
vote as units ; and it is certain that the instructions which were 
given were now made more definite. Since the states were given 
assurance that their instructions would be recognized if they were 
clear there would almost inevitably be a tendency towards more 
general and more definite instructions. After i860, therefore, we 
find very little quibbling as to whether a state has " instructed" or 
merely " recommended" its delegation — whether its expressed wishes 
amount to an instruction or not. The tendency was more and more 
to accept unquestioned the statement of the vote as announced by 
the chairman. So strong did this tendency become, and so conve- 
nient perhaps, — probably for the reason that so man)- of the states 
instructed their delegations as to make the interferences of the na- 
tional body extremely rare, — that an amendment was passed in 
1872 incorporating this practice into a law of that convention. A 

1 Official Proceedings, i860, p. 69. 
*Ibid., p. 80. 
* Ibid., p. 162. 



Unit Rule in National Nominating Conventions 69 

resolution to proceed to ballot for president and vice-president was 
before the house when Mr. Cox of New York moved to amend as 
follows: 1 " And that in casting" the vote for president and vice- 
president, the chairman of each delegation shall rise in his place 
and name how the delegation votes, and his statement alone shall 
be considered the vote of such state." So far as voting for candi- 
dates is concerned, this practically abolishes the amendment of 1 860. 
For, if the chairman's statement is alone to be considered the vote 
of a state, no means is left to discover whether a delegation which 
votes as a unit is doing so under state instruction, or whether the 
majority may not be in the absence of instruction forcing a unit vote 
through its control of the chairman. As a matter of fact few ob- 
jections were made on this latter ground, but those few were — nec- 
essarily under the amendment — declared out of order. 2 

Whether it has been intended to include this amendment of 1872 
as a part of the rules of succeeding conventions is not perfectly 
clear. It has always been the practice of Democratic conventions 
to adopt the rules of the preceding convention without stating spe- 
cifically what those rules are. 3 But the amendment of 1872 was 
not an amendment to the general body of rules, as the amendment 
of i860 was, but only to a motion to proceed to ballot. When, 
therefore, the convention of 1876 adopted the rules of 1872, did it 
mean to include this specific amendment ? The practice of the con- 
vention of 1876 and following conventions seems to indicate that it 
was intended so to include it ; for until 1896 the statements of the 
chairman have been more or less arbitrarily received and all objec- 
tions have been ruled out of order. And this is true not only of 
the balloting for candidates but of all ballots in which state voting 
occurred, so that this specific amendment of 1872 seems not only 
to have been made a part of the general rules of the succeeding 
conventions, but its application seems also to have been broadened 
to apply to all questions on which a state vote was called for. 

The interpretation of the unit rule which the amendment of 
1872 established was apparently acceptable to most of the party; 
at any rate no serious objections seem to have been made up to 
1884. But there was undoubtedly a small minority who never 
favored the rule in any shape and were especially opposed to it in its 
present form. If circumstances were to arise which should favor a 
movement to abolish it, they were there to aid in the attempt. 

1 Official Proceedings, 1872, pp. 57, 58. 

2 Such protests seem to have been made four years later by Ohio and Virginia. See 
Official Proceedings, 1876, pp. 148, 149. 

3 This practice has led to much confusion. Another example will be noticed in the 
convention of 1896. See also Official Proceedings, 1884, p. 9, note. 



70 C. Becker 

Such an opportunity came in 1884. Grover Cleveland was per- 
haps the most prominent candidate. His record as reform governor 
of New York had given him popularity throughout the country ; 
but at the same time it had incurred the enmity of the New York 
and Brooklyn machine element. This element was in a minority, 
however, and when the New York delegation, following out the in- 
struction of its state convention, decided by a vote of 47 to 25 to 
cast the entire vote for Cleveland, Mr. Grady and Mr. Kelly made 
violent speeches on the part of Tammany in opposition to the unit 
rule and threatened to carry their objection into the national con- 
vention. 1 This they did. The question being on an amendment to 
the rules, Mr. Grady moved an amendment to the amendment, 2 
" And when the vote of a state as announced by the chairman of 
the delegation from such state is challenged by any member of the 
delegation then the secretary shall call the names of the individual 
delegates from the state and their individual preferences as expressed 
shall be recorded as the vote of such state." The adoption of this 
amendment meant, of course, the abolishment of unit voting. 

The position of those who supported the amendment was in 
general that the unit rule disfranchised a minority — frequently a 
large minority. In most states the representatives were elected in 
districts for the purpose of representing the district and not the state 
as a whole. The delegates at large, who represented the state as a 
whole, might well be instructed by the state. If unit instructions 
were ever advisable it would be when they were made with refer- 
ence to a specific policy or a particular candidate. It was the prac- 
tice of broadly instructing delegations to vote as a unit on all 
questions as the majority dictated, which was especially objection- 
able. 3 Those who opposed the amendment, on the other hand, 
spoke of the right of the state to say how its will should be ex- 
pressed. To deny the states this right is to strike a blow at their 
sovereignty. The Republican party, which stands for centralized 
power, may with impunity trample on their hereditary privileges, 
but as for the Democratic party, it " stands for the rights of the 
states." The amendment was finally lost by a vote of 332 to 463.* 

The leaders, in their attempt to abolish the practice of unit vot- 
ing, were undoubtedly animated by the desire to defeat Mr. Cleve- 
land, more than by real hostility to the practice itself. Undoubtedly 
also the support they received was largely recruited from the oppo- 

iJVkv York World, July S, 1SS4, p. 1. 

2 Official Proceedings, 1884, P- 9- 

3 Ibid., pp. 19, 20. 

4 Ibid., p. 39. 



Unit Rale in National Nominating Conventions 7 1 

sitionto Mr. Cleveland throughout the country. " It is understood," 
says the New York World} " and generally conceded that the vote 
on the unit rule meant the field against Cleveland." This, however, 
is too strong ; the question was something more than one of oppo- 
sition to Mr. Cleveland. The vote itself shows this, for whereas the 
unit rule was supported by a vote of 463, Mr. Cleveland received 
on the first ballot only 392. In the New York delegation, too, the 
majority for Mr. Cleveland was only 22, but a resolution to sustain 
the unit rule was carried by a majority of 50. Therefore while the 
struggle centred around Mr. Cleveland's candidacy, the question 
of the unit rule was also a real question and the resolution was not 
supported or opposed simply because it might aid in defeating or 
nominating a certain candidate. 

When the vote was taken a very interesting example of resist- 
ence to the unit rule occurred in the case of New York. I quote 
it because it illustrates very well the kind of thing that so frequently 
happened, and the results which invariably followed. New York 
being called, the chairman announced seventy-two votes no. 

Cockran : "I challenge that vote." 

Manning: 2 "I have to state, Mr. Chairman, that the vote in the 
delegation is 48 noes and 15 ayes." 

Cockran : " Then I ask that it be so recorded." 

Clerk : " New York casts seventy-two votes no." 

Cockran : " That is challenged, Mr. Chairman, and I move that the 
Secretary call the roll and poll the delegates. I do not vote aye nor 
no either, till I hear my own voice." 

Chairman: "Gentlemen of the convention, the chairman of the 
state of New York announces so many votes no. ' ' 

Cockran : ' ' How many ? ' ' 

Chair: "Seventy-two." 

Cockran: " I say the chairman has announced in the hearing of 
this convention that there are but forty-eight noes, and I move that that 
be recorded as it stands. ' ' 

The chair allowed a protest to be recorded, but his final decision 
was couched in these careful words : " The chair decides that the 
announcement made by the chairman prima facie is the vote .... 
prima facie. Whether it shall stand as a vote is a question for the 
convention." 3 This, however, was the final word, and the minority 
of the New York delegation was forced to submit to the majority 
because it could find no help in the national convention to which it 
appealed. 

From 1884 to 1896 no further change was made. In practice 
the amendment of 1872 was followed as it had been up to 1884. 

'July 9, p. I. 

2 Chairman of the delegation. 

3 Official Proceedings, 1884, pp. 37-38. 



72 C. Becker 

Protests were sometimes made by the minorities of delegations, but 
in no case were they ever sustained by the convention. 

But in 1896, though the convention adopted the rules of the 
preceding conventions, it did not interpret them as they had been 
interpreted by former conventions. Very early in the proceedings 
the presiding officer ' established a new precedent, which, without 
discussion or objection, was followed during the rest of the con- 
vention. The vote was on substituting the name of J. W. Daniel 
for that of David B. Hill for temporary chairman. Iowa under unit 
instruction voted 26 yea. Stackhouse objected. 

The Chair: "The Secretary will call the roll of delegates from the 
state of Iowa. ' ' 

Stone, of Mo.: "I understand the Democrats of the state of Iowa 
adopted the unit rule, and I desire to know whether the majority of the 
delegation cannot cast the entire vote of the State ?" 

Chair: "The chair holds that the proposition as stated by the gen- 
tleman from Missouri is entirely correct. The chair further holds that if 
a delegate from any given state challenges the accuracy or integrity of the 
vote of a state as announced, that then the list of delegates from that state 
shall be called for the purpose of verifying the vote as reported." 

Meanwhile the polling of the Iowa delegation had resulted in a 
vote of 19 to 7 in favor of substituting. 

The Chair : " The Iowa delegation having been instructed to vote as 
a unit, the vote of that state will be recorded as 26 votes yea." 2 

Here again it is evident that no one knew just what the rules of 
1892 were. Whether or not the amendment of 1872 had in theory 
been adopted by succeeding conventions, it had in practice been 
made to do service in all of them up to and including that of 1S92. 
But the decision of the chair which has just been noticed altogether 
ignores the amendment of 1872 and goes squarely against the inter- 
pretations which every convention had put upon it for twenty years. 
On the other hand the words of the presiding officer seem to imply 
that unless the delegation is acting under state instructions, the 
majority cannot cast the entire vote of the state, thus going back to 
the amendment of i860, which apparently had been a dead letter 
ever since 1872. The ruling of 1896, therefore, by killing one 
amendment and reviving another, may fairly be said to have placed 
the unit rule on a new footing in the Democratic convention, which 
briefly stated is as follows : When the vote is by states the an- 
nouncement of the chairman of a delegation is accepted as the 
correct vote of that delegation unless challenged by some member 
of it, in which case the delegation is polled in open convention. If 

1 William F. Harrity, chairman of the national committee. 

2 Official Proceedings, 1896, p. 94. 



Unit Ride in National Nominating Conventions 73 

the delegation is under unit instructions, the vote of the state is then 
cast as a unit with the majority ; if not the vote stands as polled. 

It will thus be seen that the so-called unit rule was not a posi- 
tive rule adopted by the convention from the first, and compelling 
the states to vote as units, but a practice of the states which gradu- 
ally crept into the proceedings of the convention. The objections 
and discussions which the practice aroused resulted, from time to 
time, in the passage of rules which have had the effect of leaving the 
manner of voting to be decided by each state for itself. To just 
what extent the practice of unit voting obtained in the earlier con- 
ventions cannot be determined ; first, because in the records of votes 
it is impossible to distinguish those states which, in the truest sense, 
voted unanimously, from those which voted unanimously as the re- 
sult of the unit method, and secondly, because the accounts of state 
meetings which sent delegates to the early national conventions are 
so meagre that, if instructions as to the method of voting ever were 
given, no records of them remain. The principal reason for think- 
ing that the practice was not very general at first is the fact that few 
objections and little discussion occur before 1856. I have carefully 
registered all these objections and discussions, and their results ; for 
it is here that the beginnings of unit voting must be sought. No such 
practice existed in earlier state conventions, if for no other reason, 
because the nature of such meetings was such as not readily to ad- 
mit of it. One cannot, therefore, put one's finger on any particular 
time or place and say, here is the origin of unit voting. The idea 
doubtless came naturally to many men at the same time, as the re- 
sult of viewing the states as sovereign states, with a will which 
would be expressed properly only as a unit. But the early conven- 
tions were not carefully organized ; no limits of the number of del- 
egates were enforced, and nominations were frequently mere matter 
of form ; indeed, these gatherings had many of the characteristics of 
mass meetings, and it was impossible, therefore, that the method of 
voting should be a prominent or a vital question. It was only when 
the growing organization of the convention forced the states to limit 
themselves to an assigned number of delegates that the method of 
voting came to have an interest as a part of that organization. 
Then, in dealing with this question of procedure, the doctrine of 
states' rights made itself felt, and, as the dominant idea, became 
crystallized in definite regulations. 

II. Whig Conventions. 
From 1832 to 1852, when the last independent Whig convention 
was held, the ballot for candidates was taken on a roll-call of the 



74 C. Becker 

delegates every time but twice. In 1S39 an d 1852 only, was the 
ballot taken in such a manner as to allow of the use of a unit rule. 
These two conventions, therefore, are the only ones it will be neces- 
sary to consider. 

The convention of 183c/ adopted a very long and cumbrous rule 
for balloting, the like of which has never been known, either before 
or since that time. 2 In effect the balloting was done secretly by 
states, and the result finally communicated to the convention through 
the agency of committees in such a way as to give the greatest 
possible opportunity for combinations and intrigue. Each state 
was compelled to vote as a unit. This rule is said to have been the 
culmination of a shrewd scheme to defeat Henry Clay. 3 The evi- 
dence is not altogether conclusive. It rests for the most part on 
a statement in Wise's Seven Decades (pp. 165 ff.) of a prophecy 
made by Judge White of Tennessee, who foretold the results and 
stated the process by which they would be reached. However that 
may be, the rule itself is unique inasmuch as it forced the states to 
vote as units ; but it seems to have had no influence on the later 
conventions of any party. 

In 1852 the ballot was taken for the first time by a roll-call of 
the states, and the rule provided that the chairman of each delega- 
tion should announce " the person or persons for whom the vote is 
given." ' This was not very definite, and some interesting discus- 
sions occurred in the course of the fifty-odd ballots that were taken. 
On the first five ballots Illinois cast a united vote for Winfield 
Scott ; but on the sixth the delegate from the seventh district said 
he would no longer misrepresent his constituents, and voted for 
Millard Fillmore. Mr. Washburn said the delegates from Illinois 
had been instructed to vote in such manner as the majority might 
determine, and therefore they had voted as a unit. After some de- 
bate and confusion it was decided that the delegate had a right to 
vote as he chose. 5 On the twentieth ballot the chairman of the 
Missouri delegation said that Missouri had voted for Mr. Fillmore 
but wished now to divide the vote, and asked if " power existed to 
do so." The chair ruled that the matter was with the delegates 
themselves. 

1 These early conventions were sometimes held as much as a year or a year and a 
half before the elections. 

2 For the rule see Niles, LVII. 249 ff. 

3 See Von Hoist, Constitutional History of the United States, II. 361-369. See also 
an amusing statement by Benton, Thirty Years'' View, II. 204. 

4 National Intelligencer, June 21, 1852. 
s Ibid. 

6 Ibid. 



Unit Rule in National Nominating Conventions 75 

These two rulings are somewhat conflicting. What use the 
party might have made of the unit rule had it continued to exist it 
is difficult, perhaps quite impossible, to say. There appears, it is 
true, to have been some tendency towards the Democratic custom, 
inasmuch as the state of Illinois had instructed her delegation to 
vote as a unit, and in the case of Missouri the chair decided that the 
matter was one to be left to the delegation. 

III. Republican Conventions. 1 

With the Republican conventions we come to a consistent and 
unmistakable policy with regard to unit voting ; the policy namely 
of allowing each individual delegate to cast his own vote as he 
chooses under all circumstances. There have been few attempts to 
introduce the practice which prevails in the Democratic convention, 
and in every case such attempts have failed. 

The first Republican national convention was held in 1856, and 
the manner of voting for candidates is provided for on page 27 of 
the Official Journal. The committee on credentials, 2 which also 
reported rules, recommended " that the chairman of each delegation 
present the number of votes given to each candidate for president 
by the delegates from his state . . ." No question could well arise 
as to the proper interpretation of a rule like this, and apparently 
none did arise. 

In i860 different rules were reported and the manner prescribed 
for the casting of votes was less definite. " Four votes," so runs the 
rule, 3 " shall be cast by the delegates at large of each state and each 
congressional district shall be entitled to two votes. The votes of 
each delegation shall be reported by its chairman." On the first 
ballot for president under this rule Maryland voted eleven for Bates. 
Cole objected on the ground that the Maryland delegation had not 
been instructed to vote for Bates. Armor, the chairman of the 
delegation, explained that the state convention had at first instructed 

1 The Free-Soil party, which may in some sense be considered the forerunner cf the 
Republican party, held conventions in 1848 and in 1852. In the former the question of 
unit voting was not raised ; in the latter the rule that each individual delegate should 
have one uncontrolled vote was adopted. See New York Herald, August 11, 12, 1848 ; 
and August 13, 1852. 

2 The rules of 1856 were reported from the committee on credentials. Beginning 
with i860 and continuing down to the present time there has been a special committee on 
Rules and Order of Business. In the Democratic conventions up to 1852 no definite 
custom prevailed. Rules were commonly adopted in open convention without reference 
to any committee at all, although in 1832 a committee on "officers" reported the rules 
of that convention. Since 1S52 rules have always been reported by the committee on 
permanent organization. 

3 Official Proceedings, 1S60, p. 109. 



76 C. Becker 

the delegation, but later had changed the instruction to a mere 
recommendation. It was on the force of this recommendation that 
he had announced the vote as eleven for Bates. The chair then 
ruled that the announcement of the chairman must be accepted 
unless the convention decided otherwise. He therefore put the 
question to the convention : l "Shall the vote announced by the 
chairman be received by the convention as the vote of the state of 
Maryland ? The question was decided in the negative." It is not 
stated by how large a majority the question was lost. 

The three subsequent conventions made no change in the rule 
for the casting of votes save that in the third — that of 1872 — a 
slight change in phraseology was introduced. 2 

The year 1876 marks the appearance of a desire among certain 
Republicans to introduce the Democratic custom into their party. 
The Louisiana delegation at its meeting just previous to the conven- 
tion resolved in accord with state instructions to force a unit vote on 
the delegation.' In the New York meeting we are told that the 
"attempt of some of the Conkling men to enforce a unit vote 
failed." * And the Pennsylvania convention gave the following in- 
structions to its delegates : 5 " Upon all questions to be brought 
before or arising in the convention, to cast the vote as a unit as a ma- 
jority of the delegation may dictate." In the national convention 
itself, however, the rule which the committee reported was appar- 
ently perfectly unambiguous in its opposition to any unit voting. It 
reads as follows : G "In the record of the votes by states, the vote of 
each state . . . shall be announced by the chairman, and in case the 
votes . . . shall be divided the chairman shall announce the number 
of votes cast for any candidate, or for or against any propositions." 
I have said that this was apparently perfectly unambiguous. But 
Pennsylvania seemed determined to stand by her instruction, and 
her action raised objections which led to a somewhat extended dis- 
cussion. Fifty-eight votes had been cast by that state for Hart- 
ranft ; but two delegates desired to vote for Blaine and demanded 
that their votes be so recorded. The chair, after consulting the 
rule, decided " that it is the right of any and every member equally 
to vote his sentiments in this convention." 7 An appeal from the de- 

1 Official Proceedings, i860, pp. 150-51. 

2 The rule is as follows : " Rule 2. Each state shall be entitled to double the num- 
ber of its senators and representatives . . . according to the recent apportionment . . . 
The votes of each delegation shall be reported by its chairman." Official Proceedings, 
p. 24. For 1864 see Official Proceedings, p. 101-2. For 1868, see ibid., p. 60. 

3 New York Tribune, June 14, 1876, p. 14. 
* Ibid., June 13, p. I. 

6 Ibid., June 14, p. 1. 

6 Ibid., June 16, p. 5. 

7 Ibid., June 17, p. I. 



Unit Rule in National Nominating Conventions yj 

cision was made, but the chair was sustained by a large majority ; 
the whole matter was reconsidered for discussion, after which the 
chair was again sustained, this time by a vote of 395 to 354. 1 The 
Louisiana delegation evidently receded from the position taken in 
its preliminary meeting, for the vote of that state was divided 
throughout. 

The only serious attempt to introduce unit voting into the Re- 
publican conventions was made in 1880 — not because any one was 
enamored of the custom, but because certain men had special ends 
in view and thought to serve them by its use. A desperate effort 
was made to nominate General Grant for a third term. Senator 
Conkling of New York, Senator Cameron of Pennsylvania and 
Senator Logan of Illinois set themselves to work to give their 
candidate the prestige of an undivided vote from those states. This 
could be done only by shrewd management, because the third-term 
doctrine was very unpopular. In Pennsylvania and New York 
conventions were held early and unit instructions were passed with 
no great difficulty. 2 In Illinois more method had to be used. The 
Grant men secured control of the organization and the chair ap- 
pointed a committee to report a list of delegates to the national 
convention. The time-honored custom was for the delegation from 
each district in the state to appoint its own national delegate ; but 
the new plan of a committee left them no choice and resulted in a 
solid Grant delegation from Illinois. 3 The same tactics apparently 
had been used in many of the county conventions previously/ Be- 
sides these states, Arkansas, Alabama and Texas were also in- 
structed to vote as a unit for General Grant. 5 

The revolt began at once. In Illinois, indignation meetings were 
held throughout the state, 6 and anti-Grant delegates were sent to 
the convention. 7 Many of the New York and Pennsylvania dele- 
legates stated their intention, as the time drew near, not to abide 
by the instructions which they had received. 8 Nevertheless the 
leaders continued in their determination to nominate General Grant 
by forcing the unit rule upon the convention. The plan of action 
seems to have been somewhat as follows : 9 Senator Cameron, who 
was chairman of the national committee, was to call the convention 

1 Ibid. , p. 7. 

2 A r ezu York Tribune, May 14, 18S0, p. 4 ; Chicago Tribune, May 14, p. 4. 
3 Ibid., May 22, 1880, p. 1,4. 

4 Chicago Tribune, May 14, 1880, p. I. 

5 New York Tribune, May 28, 1S80, p. 4. 
6 Ibid., May 27, 1880, p. I. 

7 Ibid., June 5, p. 5. 

8 Ibid., May 5, p. 5, and May 6, p. I. 

9 Ibid., May 26, p. I, 



yS C. Becker 

to order, and present the temporaiy chairman, which that com- 
mittee had selected, to the convention. If a Grant man, he was to 
rule that all the delegations, which were under state instructions to 
vote as a unit, must abide by those instructions. If an anti-Grant 
man (which was not improbable since the national committee was 
thought to have a majority who were opposed to Grant), some one 
was to move to substitute the name of a Grant man in his stead and 
in the ballot Senator Cameron would enforce the unit vote on all 
instructed states. Such was the plan of the supporters of General 
Grant to secure for themselves the organization of the convention. 
But the matter never reached the convention at all. It was fought 
out in the preliminary meeting of the national committee. It 
turned out that about twenty-nine of the committee were anti-Grant 
men ; and knowing well that some scheme was afoot to force the 
unit rule on the convention they presented the following resolution 
to the committee when they met •} " Resolved, That the committee 
recognize the right of each delegate in a Republican National Con- 
vention freely to cast and to have counted his individual vote therein 
according to his own sentiments, and, if he so decide, against any 
unit rule or other instructions passed by a state convention ; which 
right was conceded without dissent and was exercised in the con- 
ventions of i860 and 1868, and was after full debate confirmed by 
the convention of 1876 ; and has thus become a part of the law of 
Republican Conventions and until reversed by a convention itself 
must remain a governing principle." The adoption of such a reso- 
lution would have been fatal to Senator Cameron's plans, and he 
knew that a majority of the committee were in favor of it, because 
the twenty-nine anti- Grant members had held a caucus the evening 
before, in which they had denounced the practice of unit voting and 
had agreed to present such a resolution to the committee when it 
came together. 2 He therefore resolved upon a bold step. He re- 
fused to put the question when the resolution was offered, and de- 
clared every one out of order who tried to appeal from his decision. 3 
In short he tried to intimidate the committee out of its simplest 
rights. His action led to a storm of denunciation. Meanwhile the 
anti-Grant men of the committee were quietly preparing to remove 
the senator from the chairmanship ; but rather than submit to this 
he yielded and a compromise was effected. The unit rule was not 
enforced in the temporary organization and the senator was permit- 
ted to retain his position as chairman.' 

1 New York World, June I, 1880, p. 1. 
2 Neiv York Tribune, June I, 1880, p. 1. 
3 New York World, June I, 1880, p. 1. 
4 New York Tribune, June I, 1880, p. I. 



Unit Rule in National Nominating Conventions 79 

This ended the matter. The convention organized quietly, with 
the anti-Grant men in control. Garfield was made chairman of the 
committee on rules, and the rule which he drew up then with refer- 
ence to balloting by states has been retained by Republican con- 
ventions ever since. It is a model of precision, and makes unit 
voting impossible except in cases where the minority neglects or 
refuses to make any objection. It is as follows : x " Rule 8. In the 
record of the vote by states the vote of each state . . . shall be an- 
nounced by the chairman, and in case the vote of any state . . . shall 
be divided, the chairman shall announce the number of votes cast 
for any candidate or for or against any proposition ; but if exception 
is taken by any delegate to the correctness of such announcement by 
the chairman of his delegation, the president of the convention shall 
direct the roll of members of such delegation to be called and the 
result shall be recorded in accordance with the votes individually 
given." Neither Conkling, Cameron, nor Logan 2 made any at- 
tempt to cast the votes of their respective states as a unit ; the votes 
of these states were divided from the first ballot. Of the Southern 
states which were uninstructed, Alabama, Kentucky and Texas cast 
undivided votes on the first ballot. Arkansas voted solidly for 
Grant throughout the convention. 

During the convention the only question having any relation to 
unit voting was raised by the state of Michigan. The vote was on 
directing the committee on rules to report. Mr. Joy, stating that 
one of the delegates from Michigan was on the committee of cre- 
dentials, wished to know if the delegation had the right to cast his 
vote in his absence, knowing how he would vote. But the chair de- 
cided against even this. 3 

With the exception of the convention of 1888, which substi- 
tuted the rules of the national House of Representatives for Cush- 
ing's Manual, no changes have been made in the rules of the 
Republican national convention since 1880. The policy of this 
party with regard to state voting has thus been clear and consistent ; 
each delegate has always been allowed to cast his own vote as he 
chooses under all circumstances. 

Let us now recall the statements of Mr. Dallinger with which 
we started out. " Either in the form of a rule adopted by the con- 
vention, or in the form of instructions by the state conventions, this 
practice of having the majority of each state delegation cast the 

1 Official Proceedings, 1880, p. 1 5 2. 

2 The Grant delegates sent by the convention of Illinois were unseated by the com- 
mittee on credentials. See New York Tribune, June 5, 1880, p. 5. 

^Official Proceedings, 1880, p. 32. A convenient, full, and fairly accurate account 
of the convention of 1 880 may be found in W. R. Balch's Life of Garfield. 



8o C. Beck 



er 



entire vote of the state soon became firmly fixed in the proceedings 
of both the leading political parties. The first successful revolt 
against this disregard of the rights of the minority occurred in the 
national convention of the Republican party in 1876." " This un- 
democratic custom . . . was abandoned by the Republicans in 1880 ; 
but it still prevails in a modified form in the national councils of the 
Democratic party." 

It is clear that these statements are wide of the mark. The as- 
sertion that the custom soon became firmly fixed in the conventions 
of both the leading political parties is not true from any point of 
view. In the Republican conventions it never was knowingly 
tolerated at all. No minority, that is to say, ever made a protest 
against the use of the unit rule in the Republican convention 
which was not sustained. Neither can it be safely said that 
the custom soon became firmly fixed in the proceedings of 
the Democratic convention, and exists now in a modified form 
only. The evidence shows rather that there has been very 
little modification of the custom as it has prevailed in Democratic 
conventions since i860 ; and that little has been in the direction of 
its establishment on a firmer and firmer basis. Again, Mr. Dal- 
linger says that the "first successful revolt " against this practice 
was made in the Republican convention of 1876 and that its final 
abandonment by that party was completed in 1880. This, again, 
is in no sense the case. Say rather that in 1 876 the first important 
attempt was made to introduce the custom into the Republican con- 
vention, but unsuccessfully; and that in 1880 the consistent prac- 
tice of that party was crystallized in a rule which secured future 
conventions from all attempts of a similar nature. The whole mat- 
ter may be stated briefly in this fashion : The national convention 
of the Democratic party has always allowed states to use the unit 
rule ; the national convention of the Republican party has never 
allowed them to use it. 

This, then, is the way in which each of the great parties has 
viewed the unit rule ; and here, manifestly, is to be seen — what we 
have been seeking all along — the difference between the two types 
of convention. One allows the state to instruct its delegation as it 
chooses, and in doing so it defers to the state as the final authority • 
it recognizes an authority higher than itself. The other does not 
allow a state to instruct its delegation, except in conformity with its 
own rules, and in refusing to do so it overrules the authority of the 
state ; it recognizes no authority higher than itself. The difference 
is in essence that between states' rights and nationalism. The 
privilege which the Democratic party gives to the states of casting 



Unit Rule in National Noininatino- Conventions 81 



s 



their votes as a unit is, in this sense, a survival of that doctrine 
which is so old and so effective a tradition in the party ; represen- 
tative of one persistent tendency which remains unaffected by all its 
changing organizations — a tendency towards localism, a protest 
against centralization. " I bid you consider long and well," is the 
exclamation of Mr. Fellows, " before you strike down . . . the 
sovereign power of our state expressed by the unanimous will of its 
delegates." 1 "I know," says Mr. Doolittle, " that in the Republican 
party — a party which believes that Congress and the Federal Gov- 
ernment have every power which is not expressly denied, and that 
the states have hardly any rights left which the Federal Govern- 
ment is bound to respect — they can adopt in their convention this 
idea that a state does not control its own delegation in a national 
convention. Not so in the convention of the great Democratic 
party. We stand, Mr. President, for the rights of the states." 2 
But it may be said that the Republican party, in allowing each dis- 
trict to vote independently of the state, really stands for localism 
much more than the Democratic party, which makes the state the 
unit. It is to be remembered, however, that the Republican party 
does not recognize units of any sort, political or geographical ; 
there are two delegates from each district and each delegate is 
master of his own vote. " The principle which is involved in this 
controversy," said Mr. Atkins of Kansas in the Republican conven- 
tion of 1876, 3 " is whether the state of Pennsylvania shall make 
laws for this convention ; whether this convention is supreme and 
shall make its own laws. We are supreme. We are original. We 
stand here representing the great Republican party of the United 
States and neither Pennsylvania nor New York nor any state can 
come in here and bind us down with their caucus resolutions." 
Here then is each side clearly stated by its own advocate. Mr. 
Doolittle says, " We stand for the rights of the states," but Mr. 
Atkins says, "The great Republican party shall not be bound down 
by the caucus resolutions of any state." 

That the Republican convention should reveal centralizing ten- 
dencies and the Democratic convention decentralizing tendencies will 
not seem strange, perhaps, to those who are familiar with American 
history ; for these institutions are only representative of the parties 
under whose care they have been established. The Democratic 
party in its origin may be traced back to the speculative individual- 
ism of the eighteenth century. Its formative period was at a time 

1 Official Proceedings, Democratic National Convention, 1884, pp. Io-Il. 

2 Ibid., p. 16. 

3 JVe w York Tribune, 1876, June 17, pp. 6-7. 

vol. v. — 6 



82 C. Becker 

when men were engaged in defining the Constitution — when an effort 
was being made to estimate justly the powers and privileges which 
had already been gained. From this effort and under these influ- 
ences, the party emerged with the cardinal doctrines of strict con- 
struction and states' rights. For seventy years the party was, with 
few exceptions, the predominating one ; but to an increasing degree 
it found its influence limited to the Southern states, where its doc- 
trines became increasingly the creed of all men. By i860 the 
Democratic party had lost control of the North, while in the 
South it could assert the absolute sovereignty of the states, and the 
indisputable right of secession. The war decided otherwise ; but 
the party, still persisting, has until recently found its main strength, 
as always, in the South. The old doctrine of states' rights, it is 
true, is no longer advocated even in the South, but it nevertheless 
lives on, influencing the minds of men as a powerful tradition, lead- 
ing them to protest at every opportunity against the centralizing 
spirit of the time. 

The Republican party, on the other hand, had its origin in dis- 
cussions over a question of moral right and justice. Its formative 
period was at a time, not when powers were to be estimated, but 
when rights were to be asserted ; its existence did not depend on 
interpretation, but on force. It looked eagerly to the central gov- 
ernment for the exercise of this force as the only power through 
which its own principles could be maintained. It turned to the 
central government, not because of its theories, but because of its 
necessities ; and the war only increased this habit of looking for a 
central power — a directing force — which, of necessity if not of right, 
subordinated everything to itself. This was its necessary outcome, 
because the " saving of the Union " and its reconstruction — results 
to be accomplished at any cost — made the effective centralization of 
power necessary for success. It is not strange, therefore, that a 
party with the tradition of a four years' dictatorship and the mem- 
ory of an " absolute Congress "; with firm faith in the utility of law 
and the potency of government for good ; above all feeling that the 
doctrine of states' rights was the justification of "traitors" for the 
destruction of the Union — the Union which it saved — it is not strange 
that the tendency of such a party should make for centralization 
and not for localism. 

Nor is it strange that these two parties, in moulding the conven- 
tion idea for its highest work, should divide on what. is perhaps the 
most distinguishing principle of their respective organizations. 

Carl Becker. 



DOCUMENTS 

i. Accounts of Star Chamber Dinners, ijpj—^. 

At the close of the day's work in the Court of Star Chamber, 
the judges and clerk of the court and, on some occasions, the so- 
licitor and attorney-general, dined at the public expense in the ad- 
joining dining-room commonly called the Inner Star Chamber. 
This custom dated at least from the beginning of the reign of 
Henry VIII. Among the Lansdowne collections in the British 
Museum are a number of manuscripts which throw light on the 
menus and expenses of these repasts and give some idea of what 
was regarded as a good dinner in the sixteenth century. Although 
at different times the Court of Star Chamber sat on different days of 
the week until, in the reign of Elizabeth, Wednesday and Friday 
became the customary Star Chamber days, Friday seems always to 
have been a favorite day, and in glancing over the elaborate bills of 
fare of some of the " fishdays" a suspicion arises that a weakness 
on the part of the " Lords of the Star Chamber" for the products 
of the sea may have had something to do with the determination of 
the court days. 

Lansdowne MS. I, Art. 49, is an account of the expenses of 
seventeen Star Chamber dinners " before Wolsey was Cardinal, 
1509," to which is affixed, among other signatures, that of Wolsey 
as Bishop of Durham. The total cost of these dinners was 
£35 os. 5d. In Lansdowne MS. 69, Art. 6, is preserved " A note 
of the chardges of dynners of a fleshday and a dynner on a fishday 
in the Starre chamber" in the years 10, 13, 14, 15, 24, 25, 26, 29, 
30 and 33 Henry VIII. The least expensive " fleshday" dinner, 
that of Thursday, July 4, 30 Henry VIII., cost 30s. yd., but on 
Monday, July 14, 14 Henry VIII., the expenses rose to 76s. 4d., 
and on Monday, May 4, 26 Henry VIII., when the ambassadors of 
Scotland were guests of the Lords, the cost of the dinner was 
.£4 lis. 8d. The least expensive "fishday" dinner cost 43s. and 
the most expensive, that of January 26, 33 Henry VIII, cost 79s. 

In Lansdowne MS. 58, Art. 60, will be found the itemized ac- 
counts of a " fleshe dinner" and a "fish daie" in February 1588, 
together with an estimate of the total expense of the Star Chamber 

(83) 



84 Documents 

dinners of the year. The six dinners of " Candelmas Terme" cost 
£\o^ 13s. 6d ; the eight dinners of Easter Term cost ^138 4s. 8d.; 
the six dinners of Midsummer Term cost /'103 13s. 6d. and the 
sixteen dinners of Michaelmas Term cost ,£276 9s. 4d. — making a 
total expense of .£622 is. 

Lansdowne MS. 59, Art. 41, contains itemized accounts of six 
Star Chamber dinners in 1588 and 1589, the most expensive of 
which cost £2\ 9s. lid., the least expensive ,£15 8s. iod. 

The economical Lord Burghley seems to have been disturbed 
by the growing extravagance of these dinners. On one of the leaves 
of Lansdowne MS. 1, Art. 44, are some notes in his own hand- 
writing of the cost of the Star Chamber dinners of 1559, 1579, and 
1590. According to these notes "the ordinary chardgs of a 
dynner" in 1559 were £4 10s. or ,£5 9s., while in 1579 they were 
£8 or ;£io, and in 1590 £17 or £18. The total cost of the dinners 
of 1590 was .£1 130 — enough to alarm any Lord Treasurer. 

All of the manuscripts just quoted are of interest, but of still 
greater interest, because the accounts it contains are more minutely 
and carefully made out, is additional MS. 321 17 D., which is here 
published entire. The investigations of Burghley, whose signature, 
together with that of the Lord Keeper Puckering, appears at the 
end of the manuscript, may be responsible for the extreme minute- 
ness of these accounts, and it is worthy of notice that the most ex- 
pensive of these dinners cost £1$ 12s. iod., which is a little less than 
the average cost of the dinners of 1590. It may be that Burghley 
put an end to the Star Chamber dinners altogether, for Hudson, 
in his Treatise on the Court of Star Chamber, written during the 
reign of James I., says that the custom of dining in the court was 
suspended for a time. "Yet surely," he adds, "it was happily 
renewed : it being a means of dispatch of much business, which, for 
the sparing of little money, was disappointed." 

Cora L. Scofield. 



Star Chamber Dinners 



85 



Diett dominorum Consilii CLXVI " V s V d on. 1 

So ur 2 p Stanley et allocaf ei Terminis Michs et Pasche 1593 et 1594. 

Termino sancti Hillary 1593. 

Thexpences of the dyetts provided for 
the Queenes ma tics most honorable 
Counsell at her Graces Starre -chamber 
During this Hillarye terme in the yeare 
of the raigne of our most soueraigne 
ladyequeene, Elizabeth &c the XXXVI th . 
1593. viz. 



)ie Veneris XXV 
lie January. 1593. 

Praesentibus 
ay L. of Cant. 
ay L. Keeper 
ay L. of Buckhurst 
ay L. Stafford 
ay L.B. of Worcester 
ay L. Northe 
lir John Fortescue 
iir Tho : Hennage 
ay L. cheiffe Justice 

of England 



Imprimis in bread 3 — XXIP in beere — VIP] 
VI d in Ale— V s in flower— VI s l 



Item in Oysters— IIP in sweet butter — IP in 
old Ling* — X 3 in Greene fishe — VHP in 
salte Salmon — VHP in salt Eeles — IX s in 
Pykes — XVP in Carpes — XVP in Breames 
— XIIIP in Tenches — VIP in Knobberds 
— IPVI d in great Eeles — VHP in Whitings — 
XIIIP in Perches— VHP in Flounders— 
IIP in Rochetts— VI s in Shrimpes— XVIII d 
in Playce 5 — VIP in Sooles — VI s in Trowtes 
VIP in Barbells 6 — V 3 in Crey fyshe— II" VI d 
in Gurnerdes — VI s in Lampreis — IIP in 1 
freshe Salmon and a chyne 1 — XXI s in Smelts 
—VII s in Scalopps— IP in lambe— IIP IIII d 
in Veale— IP IIII d in Codds— HIP in 
Woodcocks — IIII" in Capons — V s in Quinces 
— VI s in Crabbes — IIP in Partridges — V s in 
Larkes — XX d in Creame — II s VI d in pounded 
butter — VHP in Apples — IP in Orringes 
and Lemmans — XX d in Eggs — VI s in bar- 
berryes — XII d in Rosewater — XII d in por- 
tage — IIP in boatehire in all — IIP IIII d in all 

Sm a — XV" V 8 X d . 



\ XL 3 VP 



my L. cheiffe Barron 



XIII" V IIII 



Mr. Cromwell 



Mr. Mylles 8 



1 Obolus, a halfpenny. 

2 " Solvitur." 

'Throughout these accounts the payment follows the purchase. 

4 A kind of codfish. 

6 Also spelled "plaise" and " playse." 

6 Isaac Walton says, " a barbel, though he be of a fine shape, and looks big, yet he 
is not counted the best fish to eat, neither for his wholesomeness nor his taste. ' ' 

7 A kind of salmon. 

8 William Mill, made clerk of the Court of Star Chamber in 15 Elizabeth. 

9 For " probatur". The auditor's mark of verification. In the manuscript it is gen- 
erally above or on a line with the sum audited. 



86 



Documents 



Die Mercurii XXX mo Imprimis in breade — XXIII s in Beere VII s ] -^ .,„ VTd 
die Januarii. 1593. VF in Ale — V s in flower — VI s ) 



Praesentibus 
my L. of Cant, 
my L. Keeper 
The Earle of Essex 
my L. Admirall 
my L. of Buckhurst 
my L.B. of Worcester 
Sir John Fortescue 
Sir Tho. Hennage 
Sir Robte Cecill 



Item in Oysters — III? in XVP ene stone of 
beeffe at XX' 1 the stone J — XXVI s VIII d in 
Bacon — HIP in Neats toungs — VI s in Joynts 
of Mutton to boyle and to rost — XIP in 
Joynts of Veale to rost and for Pyes — XII s 
in Suett — IP VIII' 1 in Marrovvebones — -IP in 
Lambe — X s in zeame 2 for Fritters — 1111 s in 
Capons— XVIII s VHP 1 in Turkeys 3 — XX s 
in Pulletts— XIIP HIP in Partridgs— XVI s 
VHP in XII Mallards— XIP in Teales— X s 
in Woodcocks — X s in Plouers — XIP in 
Snyts — X s in larks — V s in Rabbetts — VI s 
VHP in hearbes— IIP HIP in Eggs— VP 
in pounded butter — X s in Creame — IP HIP 1 
in Apples for tarts — IP in Orringes and 
lemans — XII' 1 in Rose Water — XIP in Bar- 
berryes — XII d in portage — IIP HIP in Boat- 
hire in all— III s HIP in all 



my L. cheiffe Justic 
my L. chieffe Barro 
Sir Wittm Manerin 



-XIP XI s 



Mr. Wade 
Mr. Crumwell 
Mr. Mylles 



Sm a — XIIIF XIP VI d 
P r 

1 In the accounts of the dinner of February 5, 1588, in Lansd. MS. 58, Art. 60, beef 
is quoted at 2s. the stone, while thirteen joints of mutton for that occasion cost 24s. and 
nine joints of veal 22s. 6d. 

2 Lard. 

3 In Baker's Chronicle it is stated that about 15 Henry VIII., "it happened that 
divers things were newly brought into England, whereupon this rhyme was made : 
Turkeys, Carps, Hoppes, Piccarel and Beer, 
Came into England all in one year." 



Star Chamber Dinners 



87 



Die Veneris Primo 
die Febr. 1593. 

Praesentibus 
my L. of Cant, 
my L. Keeper 
The Earle of Essex 
my L. Admirall 
my L. of Buckhurst 
my L. B. of Worcester 
Sir John Fortescue 
my L. chieffe Justice 

of England 
Sir Edw. Stafford 



Imprimis in Breade — XXIII s in Beere- 
VII s VI d in Ale— V s in flower— V s » 



Item in Oysters — IIP in sweet butter — II s 
in ould Lyng — XIIIP in Greene fyshe — 
IX s in salt Salmon — IX s in great Pykes — 
XIP in smaller Pykes — V s in great Carpes 
— XIP in smaller Carpes — V s in III great 
Breames— XIIIP in Tenches — VHP in 
Perches — VI s in Spratts — Till' 1 in great 
Eeles — VHP in Knobberds — IP VI' 1 in 
Redd herring — XII' 1 in Flounders — V s in 
Creyfishe — IP in Gurnerds — XIIP in Whit- 
ings — XV s in Smelts — VI s in i freshe Sal- 
mon and a Chyne — XVIIP in Lambe — III s 
HIP 1 in veale— IP HIP in Capons— V s in 
Rochetts— VHP in Salt Eeles— IX s in 
Woodcocks — HIP in Partridgs — V s in 
Stockefishe 1 — IIP in Shrimpes — XX' 1 in 
larks — XX' 1 in Quinces — VI s in hearbes — 
IIP IIII' 1 in Creame— IP IIII' 1 in pounded 
butter — XV s in Apples for tarts — XVI' 1 in 
Eggs — VIII s in Barberryes — XIP in Rose- 
water — XIP in Orenges and Leamans — 
XX' 1 in portage — IIP in Bootehire in all — 
IIP : 



XL S VP 



Sir Henry Goodyere 



Mr. Atturney 



!- XII 11 XVIIP VP 



Mr. Solicitor 
Mr. Ashley 
Mr. Mylles 



Sm a — XIIIP 1 XIX s 
P r 



1 Dried codfish or haddock. 



88 



Documents 



Die Mercurii VI t0 
die Febr. 1593 

Praesentibus 
my L. of Cant, 
my L. Keeper 
my L.B. of Worcester 
my L. of Buckhurst 
Sir John Fortescue 
Sir John Wolley 
Sir Robte Cecill 
my L. cheiffe Justice 
of England 



Imprimis in Breade — XXIII s in Beere — VII s ] „_ . TT A 

(-XL Vl d 
VI" in Ale — V s in flower — -V s 



Item in Oysters— HIP in XVI tene stone of 
beeffe at XX d the stone— XXVI s VHP in 
Bacon — HIP in Neats Toungs — VHP in 
Toynts of Mutton to boyle and to rost — 
XII s in Joynts of Veale to rost — XII s in II 
Joynts of Veale for Pyes — IIP in Suett — 
IIP in Marrowebones — IP in zeame for 
Fritters — HIP in Lambe — X s in Capons— 
XVI s VHP in Furkeyes— XVIII s in Pulletts 
— XIIIP in Partridgs— XV s in Mallards— 
IX s in Feales— VIII s in Woodcocks— X s in 
plouers — XII s in Snytes — VHP in Larkes — 
V s in Rabbetts— VI s VHP in hearbes— IIP 
HIP in Eggs — VIII s in pounded butter — 
XII s in Creame — IP HIP in Apples for 
Farts — IP HIP in Orrenges and lemons — 
XII" in Rose Water — XIP in Barberryes — 
XIP in portage— IIP HIP in Bootehire in all 
—IIP HIP in all 



Sir Fho. Mildmaye 
Sir Henry Knevett 

Sir Martyn Frobyse 



XII 1 ' VHP VIII 11 

Mr. Atturney 
Mr. Solicitor 
Mr. Asheley 
Mr. Mylles 



Sm a — XIIII" IX s IP 



Star Chamber Dinners 



89 



;ris VIII° 
J 593- 

mtibus 
Cant, 
eper 

'Worcester 
Buckhurst 
T ortescue 
Volley 
Cecill 
iffe Justice 
*land 
)rey 



Imprimis in Bread — XXIII s in Beere — VIP1 -y-T ■ yj' 1 
VI" in Ale— V s in flower— V s | 



Serieaunt Fleetwood 



Sir Martyn Frobyser 



Item in Oysters — 1111 s in sweet Butter — II s 
in ould Lyng — XV s in Grene Fishe — IX s in 
salt Salmon — IX s in great Pykes — XII s in 
smaller Pykes — V s in great Carpes — XIP in 
smaller Carpes — V'ingreatBreames — XIIIP 
in Tenches — X s in Perches — VIII s in great 
Eeles — VHP in Knobberds — IIP in Her- 
rings — XIP in Trowts — VI s in Creyfishe — 
IP in Gurnerds— XIP in Whitings— XIII s 
in salt Eeles — VP in one freshe Salmon and a 
Chyne — XVIII s in Smelts— VI s in Rochetts 
— VHP in Lambe — IIP HIP in Veale — IP XIII 11 XP VHP 
I III' 1 in Capons — V s in Woodcocks — HIP in 
Stockfishe — 1111 s in Partridgs — V s in Parkes 
— XX d in Scalloppes — IIP in Shrimpes — 
XVP in Pamperns— VP in Turbott — VIP in 
Quinces — VI s in hearbes — IIP HIP in 
Creame— IP VHP in Pounded butter— XII s 
in Apples for Tarts — XII' 1 in Eggs — VP 
VHP in Barberryes — XII' 1 in Rose Water 
— XIP in Orrenges and lemons — XIP in 
portage — IIP in Bootehire in all — IIP HIP 
in all 



Mr. Assheley 
Mr. Mylles 



Sm a XV" XII s II 



90 



Documents 



Die Mercurii XIIP Imprimis in Bread— XXIII s in Beere — VII 9 1 „, , V p 
die Febr. 1593 V I d in Ale— V s in flower V s I 



Praesentibus 
my L. Keeper 
my L. of Buckhurst 
Sir John Fortescue 
my L. cheif Justice 
my L. Anderson 
my L. cheif Barron 
Barron Vous 
Mr. Atturney 
Mr. Solicitor 



Item in Oysters — HIP in sweet butter — IP 
in ould Lyng — XIP in Greenefishe — IX s in 
salt Salmon — IX s in great Pykes — XIP in 
smaller Pykes — V s in great Carpes— XIP in 
smaller Carpes — V s in great Breames — XIIIP 
in Tenches — IX s in Perches — VHP in great 
Eeles -VHP in Knobberds —IP in salt Eeles 
— VHP in Flounders — V s in Trowts — VI s in 
Creyfishe — IIP in Gurnerds — X s in Whitings 
— XII s in Pamperns — MP in one freshe 
Salmon and a Chyne — XVP VHP in Smelts 
— VI s in Rochetts — V s in Playce — VIP in 
Shrimpes —XIP in veale — IP HIP in lambe 
—III 3 HIP in Capons— V s in Stockfishe— 
HIP in Woodcocks— IIII 3 in Partridgs— A^ s 
in Quinces — VI s in Larkes — XX d in hearbes 
— IIP HIP in one Turbott — VIP in Creame 
—IP VHP in pounded butter— XIP in 
Apples for Tarts — XVP in Eggs — VIII s in 
Barberryes — XIP in Rose-Water — XIP in 
Orrenges and lemons — XX d in portage — 
1111 s in Bootehire in all —HIP HIP in all 

Sm a — xv" xii s x a 
p r 



Sir Michaell Bin 
Sir John Smythe 
Sir Edw : Hobby 
Sir Henry Knevi 



XIII 15 XII s HIP 



Mr. Assheley 



Mr. Crumwell 



Mr. Mylles 



Sffi* Totall of the ] 
charges of 
thaforesaid sixe 
Dinners 



< IIIF*X U XI s VP 



Star Chamber Dinners 



9i 



Hereafter ensueth all manner of provitions neces- 
sarye for the furniture of the dyetts aforsaid pro- 
vided in the Starchamber for the Q. ma ,ies most 
honorable Counsell during this Hillary Tearme. 

*593- 

Imprimis for VII loads of great Coales at XXV s 1 
the loade— VHP XV s Item for XVIII sackes of 
small Coles'at VIP the sacke— X s VI' 1 Item for V" 
of faggotts at VI s VHP the C— XXXIII" IIII d 
Item to Mr. Maior the Pewterer for II wyne gal- 
lons and VII Pyeplates weying XXXI" di 1 at VII' 1 
the li— XVII s XI' 1 Item for IIII busshells of the 
best whyte salt at II s the b3 — VIII s Item for III 
b3 of baye salt at XX d the bj — V s Item for II 
sacks to putt the said salt in — IIP IIII* Item for X 
gallons of the best whyte wyne vineger at IP the 
gallon — XX s Item for XIII gallons of the best 
Redwyne vineger at XX' 1 the gallon — XXI s VIII' 1 
Item for XII gallons of the best verges 2 at X d the 
gallon — X s Item for III Rundletts 3 to putt the said 
vineger and verges in — IIII 3 VI' 1 Item for boote- 
hire for the said salte and vineger at seuerall 
tymes — XVP Item for earthen potts saucepotts, 
pipkins 4 and pannes spent in the kitchin this 
terme — IX s Item for fyne whyte salte spent at 
the Lords table this terme — XX d Item for Mustard 
and Onyons spent in the kitchin this terme — VI s 
Item for II newe basketts bought for the markett 
this terme — IIP VHP Item for a small baskett 
to cary fruite in this terme — XVIIP Item for 
another close baskett to cary and recarye the 
Naperye to and from the Starchamber this terme — 
IIP HIP Item for wast paper spent in the pasterye 
this Terme — IIP Item for Broomes spent in the 
office of the Starchamber this terme — IP Item for 
clensing the withdrawing place — IP VP Item for 
ale yeast in the kitchin this terme and for fetching 
the same — IIP HIP Item for carrying the dust 
and soyle out of the kitchin and other offices there 
this terme — IP Item for perfumes for the Lords 
Dyneing Roome this terme — VI s Item for Can- 

1 Dimidietas, a half. The multiplication seems to be incorrect here. 

2 Verjuice. It was used in sauces and otherwise. 

3 Small casks. Also spelled runlet. 
* Small earthen pots. 



9 2 



Documents 



dells spent in the kitchin and Battery this terme] 
— IF Item for XII gallons di. of the best redd 
wyne to fill up thother hoggesheads of wyne at II s 
IIII' 1 the gallon— XXIX s II' 1 Item for a Case of 
Oyster knives — HIP Item for XXXV hoopes at 
II d 6b the hoope — VIP III' 1 ob" Item for truggs 1 
and trayes — IX s VHP Item for a newe FlasketP 
— IP VI' 1 Item for sand and whiting to Scowre 
withall— XVIIF Item for II white brusshes— VP 
Item for IIII doozen of Russhes to strawe the Lords 
Dyneing Roome at HIP the doozen — XVP Item 
for gathering together and keeping the vessell 
of the Starchamber this terme — "VP VIII' 1 Item 
for dressing and keeping cleane of the Lords 
Dyneing Roome and other Roomes above this 
terme — IIP HIP Item for salt butter fetched from 
the Chandlers this terme aswell for the Raunge and 
pasterye as otherwise — XIIP HIP Item for VIII 
ells of course canvas for wypers and baggs against 
this terme — VHP Item for heming and makeing 
of the said Wypers and Baggs and for thread — VP 
Item to the Plomer for mending the Pypes — III s 
HIP Item to him for soulder for the pypes — 1111 s 
II' 1 Item for a hearem 3 Roope to drye the wett nap- 
erye upon this terme — IIP HIP Item for carryeing 
and recaryeing the Starchamber plate — V s Item to 
John Gill for carryeing it to and from the Star- 
chamber and for his Diligence and well looking 
to it — V" Item for II Cheshire cheeses bought for 
the Lords bourd this terme— X s Item for III new 
streyners bought for this terme — IP VP Item for 
larde to larde the Lords meat this term — V s Item 
for new glassing amending and leadding the glasse 
windowes in the Starrechamber in and against 
this terme— XXXVP IIP Item to Mr. Flint her 
ma ties Locksmyth for translating makeing and 
mending diuers lockes and keyes in and about the 
the Starchamber in and against this terme — III" 
VIP VHP Item for a Case of knyves for the Lords 
bord this terme — VHP Item to the Cowper for 
his paynes looking to the wynes diuers tymes — 



■Wooden baskets for carrying chips or vegetables; vide Halliwell's Diet, of Archaic 
and Provincial Words, 

2 A clothes-basket or a shallow washing tub, according to Halliwell. 

3 Probably a misspelling of haeren or heren, made of hair. 



Star Chamber Dinners 



93 



VI' VII I a Item for his bootehire at seuerall tymes 
—IIP IIII' 1 Item for XVII gallons of the best 
sacke at IIP HIP the gallon— LVP VIII' 1 Item for 
XVIII gallons of the best whyte wyne at IP the gal- 
lon— XXXVP Item for VI gallons of Muskadyne 
at IIP HIP the gallon— XX s Item for V gallons 
of Renishe wyne at III s IIII' 1 the gallon— XVP 
VHP Item for fawcetts and quills 1 for the wyne 
Seller — IP Item for II newe Gimbletts — V 3 Item 
for bottles to bring the Lords wyne this terme— 
X s Item for pack threed this terme — -VI' 1 Item to 
the Cowper for his wages — V s Item for his Boote- 
hire — 1111 s Item for strawing herbes and flowers for 
the Lords Roome this terme — VIII s Item payed to 
the Grocer for all manner of Spyces spent in and 
about the Lords dyetts sixe dayes this terme as 
appeareth by a bill Remayning— XIIP XIIIPVP 
Item for VI newe stooles — X s Item a newe presse 
for the plate in the Starchamber — XXVP VHP 
Item for a newe table in the Butterye — VIP Item 
for mending the Starrechamber formes — IIP Item 
for mending the Raunge — IIP HIP Item for 
portage and bootehire for the said Stuffe — IIP IIII' 1 
Item for mending the buttery stayres — IP Item 
for pales — IP Item for a Coale shovell — XIIIP 
Item for sweping of the Starchamber Chymneys 1" LXXV ' X11I XI ot> 



— XVP Item for II loads of gravell — IP Item for 
vrinalls — VIII' 1 Item for a hoggeshead of Beere 
spent more than ordynary this term — VII s VP 
Item for one kilderkin 2 of Ale spent more 
than ordinarye this terme — IIP IIIP Item 
in Wages, viz to Stephen Treakell M r Cooke 
for his wages for VI dayes at VP the daye — 
XXXVP Item to him for lending of his stuffe 
this terme after IIIP the daye for VI dayes — ■ 
XXIIIP Item to him for the Bootehire of himself 
his men stuffe and necessaryes this terme — IIIP 
Item to him for his paynes and travell in goeing 
to the markett and in reward — XXX s Item to 
Edward Tomlyns the Butler for his wages for VI 
dayes after XIP the daye — VI s Item to him for 



P* 



1 Barrel-faucets. 
8 A small barrel. 



94 



Documents 



whyte Cupps and trenchers ' at XII 4 the Dinner — 
VI s Item to him for drincking glasses for the Lords 
this terme — V s Item to him for Rosewater for the 
Lords table at XIP the Dinner for VI Dinners — 
VI s Item for sweet Powder to cast amongest the 
naperye this Terme — V s Item for fawcetts and 
quills for beere and Ale this terme — XII' 1 Item for 
II Armeing knyves "' — II s VI d Item to Thomas 
Gibson the under butler for keeping cleane and 
sweet the Pantrye and Seller this terme — IP VP 
Item to him for a Chipping knyfe 3 — VP Item to 
him for bottles this terme — IP Item to him for 
glaseing the Case knyves this terme — VP Item to 
the Laundres for washing the naperye VI dayes 
this terme at VHP the daye — XLVIIPItem to the 
keper of the drye larder for his wages for seruing 
out of spices butter Eggs fruit and other neces- 
saryes this terme after XIP the daye for VI dayes 
— VI s Item to the scowrer of the Starrechamber 
Vessell this terme for her wages — VIII s Item to 
Thomas Tucker the Porter for attending the doores 
VI dayes after XIP the daye — VP Item to him 
for goeing to the markett this terme haveing II IP 
euerye daye for VI dayes — IP Item to VII poore 
men laboring in the kitchin haveing VIP a daye 
a peece for VI dayes — XXIIIP VP Item to Nicho- 
las Smythe for exercising the Stewards office as 
well for his wages as for his paynes and travell in 
going to the markett this Terme — XL S Item to 
William Goddard Vssher of the Starrechamber for 
diuers provitions and necessaryes provided and 
done for the Court of Starchamber as appereth by 
his Bill Remayning— V" XVII s VP in all 



1 Wooden platters. 

2 An arming-sword was a two-handed sword. An arming-knife may have been some- 
thing like a modern chopping-knife. 

3 Chippings were fragments of bread, a chipping-knife a bread-knife. 



Letters of Bancroft and Buchanan 95 

THE WHOLL CHARGES aswell of the dietts ] 
and provisions necessarye for the furniture of the 
same provided for the Queenes Ma" es most honor- 
able privye Counsell at her Graces Starre Cham- 
ber at Westminster during this Hillarye Terme in 
the XXXVI th yeare of her highnes most prosper- 
ous Raigne As also the wages of Certeine Officers CLXVI" V V d . ob. 
and Ministers of the same. With— V" XVII s VI d XI April 1 594. 

layde out by the Vssher of the same Court as Ex ar l Suma p Ric 

appeareth by his Bill Remayning — Sutton in absen' Jo. 

Thomson Aud. 



Jo. Puckering C. S. 

W. Burghley. 

XXIX Aprillis Mr. Staneley I praye you paye out Mr. Nicholas 
1594. Smith the some of one hundred and threescore pounds 

thirtene shillings penny halpeny which some with 
three hundred pounds payd by you to him in Michas 
and Hillary termes last doth aswell make full payment 
of this Liberate 2 as of the some of two hundred four- 
score fourtene pounds, seven shillings eight pence 
uppon his Liberate for Michas terme aforesayd, 1593 
as by the same apereth. 3 

W m Skynner 



2. Letters of Bancroft and Buclianan on the Clayton-Bulwer Treaty, 

184.0, 18 jo. 

The letters printed below are taken from the voluminous papers 
and correspondence of the late Hon. Edmund Burke, of New 
Hampshire. Mr. Burke was a native of Vermont, but at the age 
of twenty-one removed to New Hampshire, in which state he held 
his residence until his death in 1882. 

A lawyer by profession, he was from the days of Gen. Jack- 
son's presidency down to Mr. Buchanan's administration, inclusive, 
among the most notable of Democratic politicians and ablest of 
political writers in New England. 

He first made his mark as editor of the Argus newspaper, pub- 
lished in Claremont, New Hampshire, in 1833. The next year, 
removing to the adjoining town of Newport, he consolidated the 
Argus with the Spectator published in that town, the consolidated 

1 For ' ' examinatur. ' ' 

2 A writ ordering a payment to be made and beginning with this word. 

3 This note is not in the same handwriting as the rest of the manuscript. 



96 Documents 

sheet becoming the Argus and Spectator, a weekly journal which 
has flourished ever since. 

In those days, when the metropolitan dailies had but scant circu- 
lation outside of urban centres, the country press wielded an in- 
fluence in the discussion of political questions and in the moulding 
of public opinion little comprehended to-day. In such sphere of 
editorial direction, Mr. Burke had no superior. Having early in 
his young manhood espoused the Democratic faith, his editorials 
were so vigorous and aggressive in style, so able and incisive in 
statement, that they soon attracted the widest attention ; so wide, 
indeed, that in 1837 he was invited by the late President Polk and 
Felix M. Grundy, then Speaker of the House and U. S. Senator 
respectively, to take the editorial chair of the Nashville Union, the 
leading Democratic newspaper published in Tennessee. After care- 
ful consideration of this offer, he concluded to accept it, and pro- 
ceeded to wind up his affairs in connection with the Argus and 
Spectator, in order that he might take up his new line of work at 
Nashville with as little delay as possible. But his personal and 
political friends in New Hampshire, loath to have him leave them, 
urgently pressed him to remain among them, promising among 
other things to send him to Congress at the next election if he 
would do so. In those halcyon days of the New Hampshire De- 
mocracy, a Democratic nomination meant a sure election, and under 
such inviting prospects, Mr. Burke recalled his acceptance of the 
Nashville proposition and resumed his editorial labors on the Argus 
and Spectator, broken in upon from time to time as his three con- 
gressional terms, dating from 1839, demanded. 

The general rule in New Hampshire has been to give a man in 
Congress only two terms, but it so happened that a Whig Congress- 
man from Tennessee by the name of Arnold furiously assailed both 
Mr. Burke and his adopted state in a debate on the floor of the 
House. Among other things, Mr. Arnold demanded to know if 
Mr. Burke was "a descendant of 'Burke, the Burker,' or some 
other Burke ?" When Mr. Burke arose to reply, he said he would 
answer the gentleman from Tennessee in true Yankee fashion by 
asking him another question. He would ask " if the gentleman 
from Tennessee was a descendant of Benedict Arnold, or of some 
other Arnold ?" This happy retort brought down the cheers of the 
House, and his constituents, in their pride and delight at the spirited 
defence of New Hampshire and her people, that followed, gave him 
another term. 

During his congressional career, Mr. Burke proved himself to 
be a ready and forceful debater, and as a member of important com- 



Letters of Bancroft and Buchanan 97 

mittees was often designated, because of his literary ability and his 
vigorous style of writing, to write the reports of the committees 
to be laid before the House. His letters also, known as the Bundel- 
cund letters, written in favor of a low tariff, were so vigorous in 
presentation, so logical in statement, and so convincing in argument 
that they were circulated in every part of the country, and undoubt- 
edly contributed in a large measure towards the formulation and 
enactment of the tariff act of 1 846. 

Taking active part in the presidential campaign of 1844, which 
resulted in the election of Mr. Polk, he was, soon after the inaugural 
ceremonies in Washington, tendered the office of Commissioner of 
Patents, a tender which he accepted. In his administration of that 
office it is believed that he brought it up to a higher standard of ef- 
ficiency than it had ever known before. At the expiration of Mr. 
Polk's term, Mr. Burke was offered a connection with Mr. Thomas 
Ritchie as joint editor of the Washington Union, the then Democratic 
organ of the country. He remained in such connection one year, 
when, not agreeing with the more conservative ideas and methods 
of Mr. Ritchie, he withdrew from the partnership and resumed his 
residence in New Plampshire. 

From that time forward he devoted himself to his profession, and 
especially in the line of patent law. But in his devotion to the law 
he by no means gave up his activities in political and editorial fields. 
To those familiar with New Hampshire politics, indeed, it goes with- 
out saying that Mr. Burke was largely instrumental in bringing 
about the nomination of Franklin Pierce for the presidency in 1852. 
Unfortunately, the relations of the two men became much strained 
during Mr. Pierce's incumbency of the presidential office, and the 
result was the demoralization of the Democratic party in the 
state, and its loss to the Democratic column of states thereafter. 

In his eleven years of Washington life, Mr. Burke had made the 
acquaintance of the most distinguished men of the nation. His 
strong personality, devotion to party and stout maintenance of his 
political opinions won alike the admiration of his friends and the re- 
spect of his foes. Hence his correspondence was large and varied 
and covered many topics of public concern. 

Geo. E. Belknap. 

I. BANCROFT TO BUCHANAN. 1 

New York, 16 Nov. 1849. 
Dear Mr Buchanan 

Yours of the 14. is just received. I have not a copy of your letter to 
me on the Mosquito affair ; but remember its substance. You sent an 
1 From a copy enclosed in No. II. 
vol. v. — 7 



9S Documents 

extract of your letter to Mr. Hise, in which you showed the total want 
of title on the part of Great Britain to any portion of Central America. 
To me, you wrote to consult with the Peruvian Minister ; and if possible 
to prevent Lord Palmerston's assuming the protectorate of Costa Rica, 
which state seemed to you not unlikely to place itself under England's 
wing. On the general subject, you wrote, that the disturbances and 
disputes among the states of Central America were so great, the president 
hardly knew what course : and intimated that some degree of order and 
union there must precede the intervention of the U. S. in their behalf. 

This I followed up to Clayton, according to the spirit of your letter. 
Clayton replied by a copy of his letter to Squier, and instructing me to 
converse with the minister of Costa Rica, dissuading him from asking the 
protectorate of Great Britain. He also directed me to converse with 
Palmerston ; and in a certain emergency of which I was to judge, to 
piotest, — and even menace a little. I was writing that protest as my 
recall came. Four days' more would have seen it in Lord P. s hands. 

Clayton will either back out, or throw the responsibility on Congress. 

I kept a copy of Clayton's letter to me. Your letter to me on the 
Mosquito business was prudent and right ; and considering you had just 
signed a treaty for half of Mexico, went as far as was proper at the mo- 
ment. Clayton went further, but I have no doubt, shrinks back from his 
own daring. 

I went deeply into the study of the question : both as regards the tone 
of feeling in England : and as it regards title. I read in Paris every scrap 
of paper, relating to the negotiations in 1783, by which England pledged 
itself to evacuate the Mosquito Territory ; and had drawn from docu- 
ments, which no one in our time but myself had read, which I may say no 
one ever before read (for I read English, French and Spanish docu- 
ments), the clearest evidence as to the intent of the parties in 17S3. 

You are very good in your remarks about my history. I shall soon 
be at work again. My wife joins me in best regards. 
Ever faithfully your friend, 

George Bancroft. 



II. BUCHANAN TO BURKE. 

Strictly Private and Confidential 

Wheatland 3 Dec : '49. 
My dear Sir 

It is proper that you should know exactly what the late administra- 
tion did in regard to the Mosquito question. I, therefore, send you 
the draft of the original instructions to M! Hise and a letter which I 
received from M '.' Bancroft. These you can frank back to me. 

In order to understand the subject it is necessary to revert to the 
circumstances of the Country when Mr. Hise was sent to Guatemala. We 
had just closed the war with Mexico and indeed at the date of his in- 
structions we had not learned the fate of the Treaty of Peace. The 



Letters of Bancroft and Buchanan 99 

Treaty was dated on the 22 Feb: 1848, the ratifications of it were ex- 
changed at Queretaro on the 30 th May and on the 3 June the Instructions 
to Hise were dated. It was not a moment to take a stand on the Mos- 
quito question ; although neither My Polk nor any member of his Cabinet 
ever thought of abandoning the Monroe declaration at least so far as 
North America was concerned. We had no information from Central 
America at the time except that the five states of w°. it had been com- 
posed were in a state of the utmost confusion, involved in civil wars and 
utterly incapable of helping themselves. One of these Costa Rica was 
believed to be willing to ask the protection of Great Britain. My Hise 
was sent abroad to cultivate an American spirit and a spirit of reunion 
among them, in order to enable them to resist the encroachments of 
Great Britain. Had they refused to do anything for themselves or had 
been willing to cast themselves in the arms of England, as Costa Rica 
was, it would have been difficult to help them. M r Hise was delayed 
from sickness and various causes in reaching Central America to so late 
a period that at the close of the late administration we had not receivedfrom 
him the information as to the State of the Country which he was instructed 
to communicate. Indeed, according to my best recollection we had not 
heard from him at all after he reached Guatemala. We, therefore, did 
not tell England she should not interfere with the rights of the Central 
American States on the Isthmus ; though I think you will admit that 
enough appears on the face of his instructions and in the instructions to 
My Bancroft to prove conclusively what was our determination. The 
moment had not arrived; but there is nothing more certain than that we 
would have resisted the pretensions of England : and I think this may be 
abundantly inferred from what we had done before the close of the late 
administration. 

These papers are communicated to you in sacred confidence. I send 
Bancrofts letter because I think you ought to know what Clayton has 
done. I write in the midst of company and should like to write more 
but cannot do it without losing a mail. You can return the papers to me 
under My Foote's frank. 

With my kind regards for M r . s Burke I remain always 

yy friend 

James Buchanan 
My Burke. 

III. BUCHANAN TO MCCLERNAND. 

Private 

Wheatland 2' 1 April 1850 
My dear Sir 

I never did believe that the sketch of the Nicaragua Treaty 
presented in the New York Tribune a few days ago could be correct, until 
I perceived that it was at least indirectly sanctioned by the Government 
Organs at Washington. According to this sketch the two first articles 



i oo Documents 

ought to be resisted to the utmost extremity. They are neither more nor 
less than a solemn stipulation on the part of the United States to Great 
Britain, that at no future period, shall we ever annex to our Country, 
under any circumstances, any portion of the vast country of Central 
America, extending from North West to South East iooo miles, and in 
breadth from 90 to 250 miles. Nay more it is a stipulation by which 
Great Britain, in fact, guarantees as against the United States, the integ- 
rity of the different States of Central America: and if we had just cause 
of war against these States at the present moment, and should conquer 
any portion of their territory, Great Britain, under the Treaty, might 
and would require us to abandon it, because we have pledged our faith to 
her, that we "will not take, use, hold, occupy nor exercise dominion 
over any portion of Central America, henceforth and forever." Let us 
enter into a similar stipulation with Great Britain in regard to Mexico, 
and our limits are forever bounded by the Rio Grande, for such would be 
the true purport and meaning of our engagement with that over-reaching 
power. The policy was steadily pursued by Mr Polks administration of 
urging the nations on the continent not to suffer Great Britain or any 
other European Power to interfere in their concerns. This policy was 
distinctly announced in my instructions to Mr Slidell of Nov 10-1845, 
to which I refer you, (page 71 and 72, Executive Document No. 52 ot 
the first session of the 30th Congress) and was uniformly pursued through- 
out the whole administration. 

And what will the Nicaragua Treaty effect, if its provisions have been 
correctly stated? Instead of the protectorate of the Mosquito King, 
which Great Britain had assumed without a particle of right, she will 
become substantially the protector of all the five States of Guatemala, 
Honduras, St. Salvador, Nicaragua and Costa Rica. Her province of 
British Honduras, or Belize, lies immediately north of these States, 
Jamaica is in front of them and the Island of Trinidad is to the South. 
She will command the whole Carribbean Sea : and all the States along 
the sea as well as on the opposite Coast of the Pacific will consider her 
their protector under Treaty stipulations, against what she terms " the 
exorbitant ambition " of our Republic. Can it be that Democratic 
Senators will sanction this Treaty ? 

I say nothing about the stipulations of the Treaty for the neutrality of 
the Canal, and of all vessels within a reasonable distance from the ports 
at its termini and for the protection of the workmen &c &c. Had these 
stipulations been made with Nicaragua and not with Great Britain there 
could have been no objection to them. In the case of our Treaty with 
New Granada we were willing that New Granada should treat with Eng- 
land on this subject. But even in that case, we never for a single moment 
thought of placing ourselves in the power of Great Britain by entering 
into any Treaty stipulations with her on the subject. Even in regard to 
the canal there the case of New Granada and Mr. Polks Message quoted 
by the National Intelligencer on the 29" 1 of April has no application. 
Still had the Treaty been confined to the neutrality of the canal it would 



Letters of Bancroft and Buchanan 101 

not have been alarming ; though wrong in principle to treat with her at 
all on such a subject. 

If Sir Henry Bulwer can succeed in having the two first provisions of 
this Treaty ratified by the Senate he will deserve a British peerage. The 
consideration for our concessions is the relinquishment of the claim to 
the protectorate of the Mosquito Shore — -so absurd and so unfounded that 
it has been ridiculed even by the London Times. Truly Sir Henry has 
brought this claim to a good market, when he found a purchaser in Mr 
Clayton. 

The Treaty altogether reverses the Monroe Doctrine, and establishes it 
against ourselves rather than European Governments. 

I had no intention of writing you a letter when I commenced. I in- 
tended merely to drop some hasty hints, to the Editor of [a] Democratic 
Journal. As I advanced the thought struck me that I would send them 
to you as suggestions for what they were worth. I regret that my per- 
sonal acquaintance with you is so slight. This has not been my fault, for 
I have always entertained for you the highest respect. At all events you 
will pardon these hasty suggestions from one Democrat to another — on a 
question of vast importance and attach to them such importance as you 
think they may deserve. 

Yours very respectfully 

James Buchanan. 
Hon : John A. Mc demand. 

IV. BUCHANAN TO BURKE. 

Private and Confidential 

Wheatland 30 May 1850. 
My dear Sir 

I have received your favor of the 27 th Instant and am sin- 
cerely sorry to learn that tomorrow will be the last day of your connection 
with the Union. Your loss will be seriously felt by the party throughout 
the Country and I know not how Mf Ritchie can supply your place. I 
do not blame you, however, for retiring from the establishment to a more 
lucrative and less laborious situation. 

Grund's effort was one of deep design. It was intended to draw me 
from the platform on which I have stood ever since my Berks County 
letter in 1847 and identify me with those who hold that whilst Congress 
possess the power to acquire new territories, they cannot afterwards pre- 
serve and govern them. I am not in public life and don't either know 
or much care whether I shall ever be : and I do not choose to write to 
M T . Foote in praise of the Clay Compromise. I think there are some 
things in it very objectionable, but if I were in the Senate, after having 
tried to amend it, and especially to reduce the limits of California, I might 
vote for it as a pis aller. How can it settle the question? The North 
vote for it, because the Mexican law and the law of nature will exclude 
slavery from the territories ; and the South because the Constitution of 



102 Documents 

the United States has repealed the Mexican law and enables them to take 
and hold their slaves there. The Compromise will only therefore trans- 
fer the controversy to the territories to be brought back again from thence 
to Congress with additional acrimony. The Missouri Compromise would 
have finally settled the dispute ; but it is now too late. After the South 
have fought the last Presidential contest upon the doctrine of non-inter- 
vention, I do not see how it is possible for them to change their position, 
especially after the Northern Democracy have come up to it. 

I feel much indebted to you for your article concerning myself. It 
would be every word correct if you had qualified the last sentence but 
one in accordance with what I have stated. But let it stand as it is. 

The Nicaragua Treaty is even worse than I had supposed. It does 
not destroy the protectorate of England over the Mosquitoes ; but 
merely prevents her from using it for the erection of fortifications, &rc, a 
thing wholly unnecessary to enable her to carry it into effect. Through- 
out M r . Polk's administration, it was our steady policy to indoctrinate 
all the Southern nations on this Continent to avoid all political connexion 
with European nations and to establish an American policy. This Treaty 
reverses our principle and makes Great Britain the protector of the 
whole of Central America and establishes her influence there upon sure 
foundations. In the case of New Granada, we doubted much whether 
we would even guarantee to that Republic the neutrality of her small 
province of the isthmus : we never hesitated a single moment in the 
policy of refusing, should this become necessary, to enter into any Treaty 
with Great Britain on the subject. The furthest we were willing to go 
was to consent that New Granada might receive similar guarantees from 
Great Britain and France ; but to these we were to be no parties. 

The only circumstance which could approach an equivalent to us, 
would have been an absolute security, in war with Great Britain as well 
as in peace, for our free intercourse through the canal with our posses- 
sions on the West Coast of America. To accomplish this the neutrality 
of the vessels not merely through the canal but from the port of their 
clearance to those of their destination ought to have been required. 
Great Britain would not have granted this. With British Honduras 
on the north, Jamaica on the North East, and her protectorate of the 
Mosquitoes and Central America on the Continent, the Caribbean Sea 
will be as completely under her control as the British Channel. In case 
of war with us, she will now be able to cut off entirely our intercourse 
through the Canal with California and Oregon. We have thus placed in 
her hands the most powerful weapon against ourselves. 

To get clear of this Treaty will some day cost us a bloody war with 
Great Britain should she remain as powerful as she is at present. And 
yet if the Herald is to be believed, there were but ten votes in opposition 
to it ! 

from your friend 

James Buchanan. 
Hon: Edmund Burke. 



REVIEWS OF BOOKS 

Zoroaster, 'the Prophet of Ancient Iran. By A. V. Williams 
Jackson, Professor of Indo-Iranian Languages in Columbia 
University. (New York : Columbia University Press ; the 
Macmillan Co. ' 1899. Pp. xxiii, 314.) 

Among the world's religious teachers Zoroaster deservedly holds so 
high a place that ail those interested in the comparative study of religion 
are naturally eager to learn as much as possible of this great reformer's 
life. But the subject is one of much difficulty, and such divergent views 
have been held as to the details of the teacher's career which tradition has 
handed down to us, that the non-professional student has been often sadly 
at a loss in the past, as to what to accept and what to reject of the mass 
of material presented to him. But scholars have kept busily at work, 
and, as Professor Jackson points out in his preface, " our knowledge of 
Zoroaster has been greatly augmented from the traditional side, during 
the past few years, especially through the translations made by Dr. West 
from the Pahlavi texts. This mass of Zoroastrian patristic literature 
tends largely to substantiate much that was formerly regarded as some- 
what legendary or uncertain. This has resulted in placing actual tradi- 
tion on a much firmer basis and in making Zoroaster seem a more real 
and living personage." In view of these facts such a careful study as 
this of the life of Zoroaster will be warmly welcomed by all students, 
professional and non-professional, who wish to learn the judgment of a 
scholar of the first rank on various disputed points connected with the 
subject. 

Professor Jackson has divided his book into two parts, in the first of 
which (pp. 1-144) he states the general results of his investigations, and 
in the second of which (pp. 145-294) he gives a critical discussion of 
some of the main questions touched on at earlier points in the book. This 
is an excellent arrangement, since it allows the student or general reader 
to get a comprehensive view of the prophet's career without confusing 
his mind with a multiplicity of details or of opinions, frequently conflict- 
ing. Should, however, more detailed information be desired than is 
given in the first part of the book, the full table of contents, the foot- 
notes and the excellent index will enable any one to find very readily in 
the critical appendixes what the author has to say on any given point. 

Before giving an outline of Zoroaster's life as told by Professor Jack- 
son, it may be well to have our author's statement of his own opinion on 
the basal question "whether Zoroaster be a historical personage, a real 
figure whose individuality is indelibly stamped upon the religion of Persia 

(103) 



1 04 Reviews of Books 

of old." This is his answer to this question (p. 3): "An affirmative 
answer must be given, for Zoroaster is a historical character. This point 
is emphasized because it is not so long ago that advanced scholarship for 
a time cast a cloud over the subject, but happily the veil of myth is now 
dispelled. Scholars are generally agreed that although legend or fable 
may have gathered about the name of the prophet of ancient Iran, the 
figure of the great reformer, nevertheless, stands out clearly enough to be 
recognized in its general outlines ; and sufficient data for his life can be 
collected to enable one to give a clear and correct idea of his personality 
and individuality." 

Zoroaster was born in western Iran, it would seem, about the middle 
of the seventh century B. C. Tradition has woven many marvellous 
tales about the story of his birth and early years, tales such as may be 
found in every religious literature. At the age of fifteen the prophet at- 
tains his majority, and assumes the " Kusti," or sacred thread. "From 
his fifteenth year to the age of thirty the tradition is more meagre in its 
details. The period is a time not so much of action as it is a time of 
religious preparation." At least part of this time was spent in retire- 
ment from the world. "This time of early retirement and seclusion 
must have been the period in which Zoroaster fought out the fight which 
waged in his own bosom and in which he began to solve the problem of 
life, the enigma of the world, and the question of belief, as his religion 
solved it. Here he doubtless began also to promulgate the first general 
truths out of which his religious system was evolved" (p. 35). 

"At the age of thirty comes the divine light of revelation, and 
Zoroaster enters upon the true pathway of the faith. It is in this year 
that the archangel of good thought, Vohu Manah, appears unto Zara- 
thushtra (Zoroaster) in a vision and leads his soul in holy trance into the 
presence of God, Ahura Mazda. The year of this first inspired reve- 
lation is known in the Pahlavi texts as 'the year of the Religion.' . . . 
During the ten years that followed this apocalyptic vision, Zoroaster has 
seven different conferences with Ahura Mazda and the six Amesha Spen- 
tas. " By means of these various visions the revelation is completed. 
Then, like other religious leaders, Zoroaster has to pass through the or- 
deal of temptation by evil spirits, only to emerge triumphant from this 
searching test. 

It was not till the end of this period of ten years — " years of wander- 
ing and struggle, of hope and dejection, of trial and temporary despair " 
— that he won his first convert. "This zealous adherent is his own 
cousin Maidhyoi-maonha (Pahlavi Metyo-mah), who is often mentioned 
in the Avesta and other writings. He is a very different character from 
Buddha's traitorous and schismatic cousin Devadatta, and he stands as 
the St. John of Zoroastrianism. Finally, in the twelfth year of the Re- 
ligion, Kavi Vishtaspa (Pahlavi Kal Vishtasp, Modern Persian Gushtasp) 
is converted and becomes the Constantine of the Faith — the Raja Bim- 
bisara, if not the Asoka, of Buddhism. After the King adopts the Creed, 
many conversions follow, and the Prophet's own family, relatives and 



Hall: Papias and His Contemporaries 105 

friends are frequently referred to in the Avesta and elsewhere as having 
become faithful adherents and believers." 

The court soon followed the King's example, and "the Religion" 
gradually spread over Vishtaspa's realm. Not only are conversions made 
in this land, not only are some Turanian converts mentioned, but tradi- 
tion has stories to tell of Hindus, and even of Greeks, who embraced the 
new faith. 

But " the Religion " was not to spread without conflict, and with the 
great religious wars which we read of in the Avesta we reach a crucial 
point in the history of Zoroastrianism. There seem to have been two of 
these wars, the first having broken out, according to tradition, some sev- 
enteen years after Vishtaspa's conversion. The great opponent of Vish- 
taspa and of " the Religion " was Arejat-aspa, or Arjasp. Fierce battles 
were fought, and though victory ultimately rested with the " true " be- 
lievers, it was purchased at great cost. The greatest loss sustained by 
the followers of Zoroaster was the death of the prophet himself, which 
occurred possibly at the beginning of the second war. Tradition is so 
unanimous that Zoroaster died a violent death in the seventy-seventh 
year of his age, that we may probably accept its accuracy. But while 
later Iranian writers state that his death took place at the storming of 
Balkh early in the second religious war, we cannot be sure that they are 
exact in their information, although it is possible that they are. 

With the final overthrow of Arjasp began a period of rapid progress 
for "the Religion," a progress which met its first great check at the in- 
vasion of Alexander. 

Such is a very bare outline of the story of Zoroaster's life, as told in 
the first part of Professor Jackson's book. The second part of the work 
is given up to seven critical appendixes entitled, respectively, as follows : 
Suggested Explanations of Zoroaster's Name ; On the Date of Zoroaster ; 
Dr. West's Tables of Zoroastrian Chronology; Zoroaster's Native Place 
and the Scene of his Ministry ; Classical Passages mentioning Zoroaster's 
Name ; Allusions to Zoroaster in various other older Literatures ; Notes 
on Sculptures supposed to represent Zoroaster. 

The list of books connected with the subject (pp. xi-xv), and the 
beautiful map of Persia and Afghanistan by Keith Johnston, with its key, 
are both valuable additions to the work. 

This life of Zoroaster is an admirable piece of work, and both the 
author and all those interested in the subject are to be congratulated on 
the publication of this beautiful volume in which is told so well the story 
of the Prophet of Ancient Iran. 

J. R. Jewett. 

Papias and His Contemporaries. By Edward H. Hall. (Boston : 
Houghton, Mifflin and Co. 1899. Pp. 318.) 

Our author starts out bravely. He tells us that Papias, bishop of 
Hierapolis in Phrygia, is the first living personality "after the Apostle 



106 Reviews of Books 

Paul, to present any marked individuality " (p. 3). This is high dis- 
tinction for the Phrygian bishop, but he must notwithstanding be content 
with some twenty pages, descriptive of his life and labors. Papias is 
taken to be an exact contemporary of Justin and Marcion, and yet we are 
told that we are then standing "at the beginning of things, when the 
Christian Scriptures are not made, but making." The Third Evangelist 
is just beginning to write : " Forasmuch as many have taken in hand," 
etc. Is not this rather belated criticism of the New Testament literature ? 
Chapter II. deals with Primitive Christian Literature, and Clement of 
Rome heads the list of authors passed in review. Surprise is expressed 
that Clement does not quote the words of Jesus as "Scripture." But 
why should he? Were they not "living words" to Clement and his 
contemporaries ? Ignatius, Polycarp, Barnabas and the rest are hastily 
handled, and then we come in Chapter III. to Two Learned Doctors, 
who turn out to be Justin Martyr and Marcion. These are examined 
with special reference to their attitudes towards the New Testament 
writings. Justin has some document or documents before him which he 
calls Memoirs, Gospels, Gospel or Teachings, but " that these can be 
our four Gospels in the form in which we have them seems altogether 
improbable. ' ' The reasons given for this skepticism are, that Justin rarely 
follows the text of the Gospels exactly, and that " it is difficult to under- 
stand why, if he had such universally recognized works in his hands, he 
should never once have mentioned their names or claimed their au- 
thority." But if these four Gospels were "universally recognized," 
there was no necessity for Justin to make extended and exact quotations 
from them. And if they were not " universally recognized," Justin's 
silence about their names and his scant quotation from them, do not 
prove that he personally did not know of their existence. It is hardly 
accurate to say " that the Jewish Prophets were equally unknown and 
unhonored by pagan emperors." Moreover, the writings of the "an- 
cients " have ever possessed a peculiar authority, and Justin was clever 
enough to take advantage of this fact. Marcion "is by far the most 
striking figure of this period." His " aggressive movement " began the 
process of singling out our three earlier Gospels, the material of which 
had existed for some time in a fluid and transient form, and of giving 
them final shape and sanction (p. 98). Chapter IV. discusses the 
Millenial Reign, and Papias is taken as a representative in this connec- 
tion of " all the accepted writers — of all the Christian Fathers." It was 
out of such "crude and conflicting beliefs" that our Christian faith was 
born ; and by a slow process our four Gospels were sifted out of a mass of 
"heterogeneous traditions" (p. 123). Our author makes much in his 
next chapter on Theological Speculations of the " conflicting views of 
Christ " which the Gospels and the Pauline Epistles present. He seems 
to forget that the Gospels are descriptive of Jesus' ministry and teaching, 
while as yet the fact and significance of His death and resurrection could 
not be taken into consideration. Paul, on the other hand, seeks to in- 
terpret Christ's life and work in the light of the Cross and Crown. Mr. 



Waterman: The Post-Apostolic Age 107 

Hall tells us that it became to Paul more and more impossible to blend 
the earthly life [of Jesus] with the spiritual functions of the Son of God, 
and he ceased at last to attempt it. " His letters to his followers would 
have gained tenfold moral (more?) power, if reinforced by lofty maxims 
from the Master's lips. So at least it seems to us [/. e., to Mr. Hall]. 
But no : a few allusions to His death and resurrection, two or three 
scanty references to the words of Christ . . ., that is all" (p. 151). 
If our author had applied himself as diligently to Paul's writings as he 
has to the Papias fragments, he would have written more guardedly on 
this point. And when he tells us that in the time of Papias there " was 
no Christian Church " (p. 193), we wonder if he has not forgotten still 
more of Paul and the early sources. However, on page 201 he speaks of 
an agitation which stirred the "young Christian Church." Now we 
wonder if he has not forgotten himself. The Mystic Gospel is the sub- 
ject of the final chapter of this book, but there are some seventy pages 
of notes. As "a study of religious thought in the second century " the 
work fails to take account of the tremendous undercurrent of common 
Christian faith and life, which shortly comes to view in divers places, and 
finally sweeps along in a mighty tide of rising power. 

E. K. M. 

The Post-Apostolic Age. By Lucius Waterman, D.D., with an in- 
troduction by Henry Codman Potter, D.D., LL.D., Bishop of 
New York. [Ten Epochs of Church History, Vol. II.] (New 
York: Charles Scribner's Sons. 1898. Pp. xviii, 505.) 

The second and third centuries of Christian life and society have never 
so powerfully compelled the attention of the learned as during this cen- 
tury. It is now safe to say that the most brilliant victories of modern 
historical criticism have been won on this field, where scarcity of mate- 
rials, divergence of mental temper and equipment, distance and differ- 
ence of culture, not to speak of corporate bias and personal prejudice, 
combine to make the work of the searcher difficult and even painful. 

In thirteen chapters Dr. Waterman takes his reader over the main 
features of this "dark and bloody ground," and, let me say at once, in 
a manner no less considerate than entertaining when we recollect that to 
this dim and remote tribunal all bodies of Christians look back with more 
or less respect and confidence. The boundaries of the Post-Apostolic 
Age he fixes between the years A. D. 100 and 313, or from the moral 
termination of the personal labors of the Apostles to the Edict of Milan. 
The literary sources of information for his narrative are next arrayed, 
whereupon he treats of the historic episcopate in the third and fourth 
chapters, and in the fifth, sixth, eleventh and twelfth, of the relations of 
the Church to the Empire. The archaic heresies of Ebionism and Gnos- 
ticism, the internal disciplinary strife concerning the mode of celebrating 
the Easter festival, the mixed controversy of Montanism, and Sabellian- 
ism, that thin wedge of great dogmatic heresies, take up the seventh and 



10S Reviews of Books 

eighth chapters. In the ninth is given a brief conspectus of the Christian 
literature of the period, and in the thirteenth are exposed the author's 
views concerning those early Christian institutions to which long since 
have been given the titles of canon of scripture, theology, sacrifice, sab- 
bath, liturgy. 

Dr. Waterman leans strongly to orthodox and conservative views, as 
may be seen by his treatment of the origin and nature of the Christian 
episcopate. Nevertheless, he expounds fairly and lucidly, not only the 
views of the old school of non-Episcopalians, but the brilliant attempts 
of such modern scholars as Harnack, Hatch, Reville and McGiffert. No 
doubt his work was in press before the latest views of Professor Harnack 
concerning the chronology of the Ignatian Epistles had been made 
known — else Dr. Waterman would have drawn from them a still more 
valid argument for his summary of the mind of Ignatius, viz., that the 
ministry of the episcopate, " while in some ways a new order of things, 
was substantially the same as that under which churches had been living 
for two or three generations before, and that this ministry of three or- 
ders, under either kind of head, the itinerant apostle or the diocesan 
bishop, was something far above the level of any clever device of human 
policy." 

Students of the early Church will be pleased with the sympathetic 
statements (p. 18) that the honesty of Eusebius is beyond suspicion, and 
that ' ' his book represents the very highest scholarship and the very 
highest power of realizing its own history that the Church possessed at 
the close of the Post-Apostolic period." Elsewhere (p. 87), the author 
asserts that "it is not scholarly to throw Eusebius overboard whenever 
one does not like his statements, and one may predict that after Light- 
foot's examination of the Eusebian chronology of the bishops of Rome 
and the bishops of Antioch has had time to be digested by scholars gen- 
erally, the old-time historian will be treated with more respect." 

Is it quite true, as stated on p. 105, that "by the time of Domitian 
it was a settled policy of the Roman Emperor to treat Christianity as a 
crime " ? In the original acts and documents of the fateful struggle be- 
tween the empire and the new society there appears nowhere an objective 
treatment of the Christian system. It is the nomen that is under sanction, 
the confession of an unknown social head and bond, the illicit meeting. 
In these earliest days it would seem as if the edict Non licet esse vos, a 
measure of police-justice, was held to be sufficient. As late as Tertullian, 
the apologists, while themselves conducting an academic campaign, com- 
plain chiefly of the suppression of the liberty of association. Indeed 
when pagans like Epictetus, Galen, or Marcus Aurelius let drop a con- 
temptuous word against the Christians, it is directed against their stub- 
bornness, their pervicacia in not ceasing to exist. Similarly the earliest 
Christian documents insist with much strength on the right and practice 
of association. 

It is to be regretted that Dr. Waterman has made little or no use 
of the monumental material, now quite abundant, for the history of the 



Pirenne: GescJiichte Belgiens 109 

second and third Christian centuries. The Bollcttino of De Rossi, the 
valuable writings of his disciples, the labors of Le Plant and Allard, the 
superb work of Duchesne, are now indispensable, not only to the thought- 
ful student of Christian antiquity, but to any cultured reader who would be 
abreast of the great movement in this direction. To neglect this material 
in such a work as the one before us is not unlike neglecting the latest ex- 
cavations in the Forum and on the Palatine when writing of early Roman 
history. 

The present writer cannot agree with Dr. Waterman (p. 195) as to the 
influence of the Clementines on the development of the tradition " that 
the bishops of Rome were peculiarly successors of St. Peter in that see." 
He rather holds with Harnack that too much stress has been laid on this, 
— indeed the Roman episcopal lists of Hegesippus and Irenaeus antedate 
any possible influence of the Clementines. Nor can these witnesses well 
be called non-Roman, since both spent many years at Rome, and both 
are professedly passive and recipient. It is possible that a perusal of the 
story of the Acilii Glabriones, as illustrated by the late excavations in 
Santa Priscilla, would lead Dr. Waterman to abandon his scepticism as 
to the martyrdom of the Consul Flavins Clemens. Is it not always too 
much (p. 389) to assert that the specific pro-Roman passages in the 
De Unitate of Cyprian are "forgeries"? It is a grave word, and one 
that needs sufficient external evidence to justify it. Any innere Kritik is 
not likely to show more, at this date, than the fact of interpolation, — but 
how, when, where, and by whom ? It is a long cry to the fact of forgery. 

The work of Dr. Waterman is well written, and omits none of the 
generally-known topics of interest that form the subject-matter of the 
history of this period. It is not without a bias, — indeed, it is impossible 
for a believing Christian to write such a book without bias. Training, 
faith, feeling, circumstances, — all combine to create in him a mental tem- 
per that cannot be set aside. All that can be asked is that the facts be 
carefully collected from every quarter, that they be scrutinized and set 
in their due sequence and relationship as far as is now possible, that the 
laws of enlightened and moderate criticism be known and applied, that 
caution be used in the assertion of things as certain, dubious, false, that 
the opinion of the critical searcher be set down in terms justified by the 
amount and conditions of the materials, and be not too much influenced 
by rhetoric or by the historical fancy, — those subtlest ways of prejudicing 
the mind of an ignorant or unsuspecting reader. 

Thomas J. Shahan. 

Geschichte Belgiens. Von Henri Pirenne. Band I.: Bis zum 

Anfang des 14. Jahrhunderts. Deutsche Uebersetzung von 

Fritz Arnheim. (Gotha : F. A. Perthes. 1899. Pp. xxiv, 
496.) 

In M. Pirenne, Belgium has at last found an historian who combines 
an adequate knowledge of the local " sources" with a large historical 



1 1 o Reviews of Books 

culture. Trained in German methods, evidently conversant with the 
most recent investigations, alike in Germany and France, in the field of 
medieval institutions, and master of a vigorous and lucid style, Professor 
Pirenne has produced a volume which will appeal both to the general 
reader in his own country and to the professed historical student there 
and elsewhere. 

Beyond this general testimony to its interesting and scholarly char- 
acter, I must perforce, from sheer ignorance, abstain from criticism. 
But it chances that some seventeen years ago I had occasion to look into 
the sources for the history of Flanders in the age of the Arteveldes, and 
to take stock of the then existing modern literature dealing with the period. 
And it has interested me to revive the recollections of my own juvenile 
and wooden performance, and to compare some of the conclusions which 
were natural enough then to the youthful enquirer with M. Pirenne' s far 
more mature and competent judgment. 

In narrating the "political" history, in the narrower sense, of 
Flanders and the surrounding territories in the thirteenth century, M. 
Pirenne has been unable to make much advance on the older Belgian 
writers, chief among them M. Kervyn de Lettenhove ; and this for a 
couple of reasons. The material is scanty ; and it has already been care- 
fully worked over. M. Pirenne endeavors, and not without some oc- 
casional success, to supply the lacunae in the evidence of the chroniclers 
from his own wide knowledge of the general European situation, but 
nevertheless the story remains, and probably will continue to remain, 
full of the most sudden and most inexplicable changes of front — or what 
seems like changes of front — on the part of all the chief personages con- 
cerned. Even if M. Pirenne did not himself care chiefly for the institu- 
tional and economic sides of history, as it is clear he does, he would be 
thrown back upon them by the impossibility of making any other part of 
his subject really interesting. 

Turning, then, to the development of institutions, perhaps the first 
question that will suggest itself is as to the origin of that civic life which 
so early characterized the corner of Europe we now know as Belgium. It 
is with some amusement that I observe how trustfully I followed in 1882 
the leading of Georg von Maurer, and with the aid and countenance of 
M. Vanderkindere's little pamphlet, Sur /' Origins ties Magistrats Com- 
munaux, found the germs of the later town-system in an imaginary mark- 
community. Since 1882, great has been the discussion on the subject ; 
and now M. Pirenne, following the prevailing tendency among contem- 
porary scholars, and applying to the Flemish towns the general doctrine 
of municipal origines which he has recently set forth with so much learn- 
ing in the Revue Historique, finds the true beginning of town life in the 
settlement of " colonies " of merchants and craftsmen beneath the walls 
of an abbey or castle (p. 200). This view is probably nearer the truth, 
or, perhaps one had better say, a larger part of the truth, than the rural- 
village theory ; but its statement here by M. Pirenne still shows the lack 
of precision which I attempted to point out in his Revue Historique 



Pircnnc : Gcsc hie lite Belgiens 1 1 1 



& 



articles. This defect has been remedied, I hope, in the detailed ex- 
amination of the history of landed property in Ghent which has recently 
been published by his pupil M. des Marez. 

Whatever the origin of town life may have been, M. Pirenne's 
picture of the situation in the thirteenth century agrees in all its impor- 
tant features with the notions one could gather in 1882 from M. Vander- 
kindere's somewhat rhetorical but yet refreshing and original work on Le 
Steele des Artevelde. The key to the period is the struggle between the 
city oligarchies and the craftsmen ; the former seeking the support of the 
French king, who was anxious to increase his hold over the vassal county 
of Flanders, and the latter turning to the count, who was equally desirous, 
in his more statesmanlike moments, of tightening his authority over 
the town-magistrates. But on one point M. Pirenne has something fresh 
to remark. When, in 1882, I came to describe the crafts of Ghent, I 
felt in an obscure way that there was something in the position of the 
weavers and the fullers which was rather difficult to fit into the frame- 
work of industrial life as it is exhibited to us by the modern describers of 
"the gild system." Nevertheless, I seem to have had no hesitation in 
saying " There was no jealousy between employer and employed, inas- 
much as the latter could without much difficulty save sufficient capital to 
become a master himself. " It is now a comfort to have M. Pirenne 
point out, what seems very obvious once it is said, that " the textile 
crafts in the great manufacturing cities of Flanders and Brabant presented 
an essentially different appearance from that usually shown by the artisan 
corporations of the Middle Ages. ' ' 

" The cause of this difference is easy to discern. Instead of working, 
like other crafts, for the local market, they produced wholesale and for 
export. The weaver, fuller, and dyer did not in the least resemble in 
position the bakers or smiths. The latter were at once artisans and 
traders, and they sold direct to their customers the products of their in- 
dustry, while the former had to restrict themselves to the humble role of 
mere factory hands (' Industrie-arbeiter'}. With the public they came 
not in contact ; they had only to do with the entrepreneurs who employed 
them — the cloth-merchants {drapiers) . The cloth-merchants put into 
their hands the wool to be worked up ; and it was the cloth-merchants 
likewise who sold the finished cloth in the market. The merchant is a 
capitalist; the workman a wage-laborer " (p. 305). 

When we realize that the richer cloth-merchants were members of, or 
closely associated with, the civic oligarchy, we can understand that the 
quarrel between the craftsmen and the town authorities was probably an 
economic one as well as a constitutional. 

If the foregoing description by M. Pirenne be true — and it certainly 
fits well enough into what we know of the civic troubles of the fourteenth 
and fifteenth centuries — it is evident that the peculiar conditions of the 
Flemish cloth industry had even thus early hurried it into a stage of devel- 
opment essentially different from and subsequent to " the gild system " 
in its " normal " form ; into a stage such as German economists are wont 
to designate by the term Jfaiisindustrie, and the English writers of the 



1 1 2 Reviews of Books 

early part of this century by domestic system. It differed indeed from 
these as they are to be found in later centuries in Germany and England, 
chiefly in its concentration in the cities ; but in each case, though the 
little meester may have had his journeymen and apprentice, the real em- 
ployer of them all, in the modern sense, was the merchant through whom 
the work came to them. M. Pirenne remarks (p. 417) as to the weavers 
and fullers of Ghent, that the specifically craft organizations — the 
Gewerkc, or, as they said in medieval England, the misfcries — were far 
too closely supervised by the echevins to be capable of being used as 
weapons against their rulers ; " but it was different with the religious fra- 
ternities." 

Let us hope that when in his next volume he comes to deal with the 
constitutional changes of the period of the Arteveldes, he will draw 
more fully on the imprinted material to which he refers as his authority ; 
that he will tell us more about these fraternities ; and that he will enable 
us still better to realize the daily life of the J J 'eve Ambachte. 

W. J. Ashley. 

The Foundations of England. By Sir James H. Ramsay of Bamfr, 
Bart., M. A. (London: Swan Sonnenschein and Co. 1898. 
Two vols., pp. xxxiii, 553 ; xxiv, 509.) 

" Twelve Centuries of British History ' ' is the sub-title of this labori- 
ous work, which aims at giving in these two volumes a complete com- 
pendium of the history of the British isles from B. C. 55 to A. D. 1154. 
It is obvious that such an undertaking as this would involve prolonged 
and tedious study ; for Sir James has not only read for himself the au- 
thorities on which his narrative is based, but has plodded through a vast 
amount of the work of modern historians, especially of those who have 
added to our knowledge by their own original research. While careful 
to acknowledge " the greatest obligations to the works of others," which 
have enabled him to place his readers abreast of the latest research, the 
author is no mere compiler ; he has exercised throughout his own judg- 
ment, and has done so at once with marked independence and with 
singular freedom from prejudice and bias. If we detect a personal note, 
it is perhaps that of the Scotsman, in whose view Scottish history occu- 
pies a leading place ; but English writers have been, perhaps, inclined to 
treat somewhat imperfectly the history of the northern portion of the 
island, so that the balance is here redressed. For the teacher of history 
and for the real student the special value of Sir James's work will be 
found, not so much in the careful references to authorities, useful though 
these must prove, but in the arrangement of his volumes. An elaborate 
table of contents with the dates prefixed throughout is a very great con- 
venience, as are the marginal headings to the text, in Clarendon type, 
and the dates at the head of each page, a point too often omitted. 

That there was real want for a book of this character will hardly be 
denied by those who have worked at the period it covers. That period 



Brown : History of Scotland 1 1 



j 



is probably the one on which recent research has had most that is new to 
tell us ; but the information has been sadly scattered and often difficult to 
find. This is well seen in the author's earliest chapters, for he begins at 
an earlier period than is usual, assigning two chapters to Pre-Roman 
Britain, and dealing at considerable length with the time of the Roman 
occupation. Indeed, a uniform system of treatment enables him to give 
us an amount of detail far greater than that which we meet with in gen- 
eral histories, while avoiding the extreme diffuseness of such works as 
those of Mr. Freeman. His fairness and caution are well seen in his 
attitude towards the "great commendation" of 921. While guardedly 
rejecting the story as it stands, he observes that the point has been made 
too much of, as the overlordship of ^Ethelstan is clear enough. In con- 
nection with this subject, one should point out that he claims to have 
localized the battle of Brunanburh (an old point of difficulty) at Bourne 
in Lincolnshire. To battles, indeed, Sir James has devoted special at- 
tention, from that of the " Mons Graupius " downwards; and on those 
of Hastings and of Lincoln he has views of his own to advance. 

The period subsequent to the Norman Conquest, on which I am most 
at home, is the subject of his second volume. I have found it singularly 
free from slips and absolutely packed with information. Although polit- 
ical history occupies the chief place, the development of institutions, the 
state of society, the condition of the revenue, the changes in architecture, 
the foundation of religious houses, and similar subjects are among those 
which receive attention, while the issue of each sovereign is catalogued 
with special care. That Sir James's work can hope to appeal to the gen- 
eral reader is of course impossible : its place is on the student's shelves. 
The fault that has been found with it is that it is dull, that one cannot 
read it with pleasure. The author's style, no doubt, is ponderous, his 
work rather a repertory of facts than the history of which the critic 
dreams. But it is not given to us all to write with the brilliancy of 
Macaulay or of Green, or the vivacity of Professor Maitland. There is 
room for history of every kind, except for that which is false. For my 
part, I feel that gratitude is due to an author who has placed at our dis- 
posal so useful a work of reference, and has, among his other merits, de- 
voted infinite pains to identifying persons and places. An index of fifty 
pages, though not absolutely exhaustive, is well-arranged and adequate. 
Sir James, it may be added, is now at work on the reign of Henry II., 
and hopes, in time, to complete his history down to the wars of the Roses, 
the period treated in his two volumes entitled Lancaster and York. 

J. H. Round. 

History of Scotland. By P. Hume Brown. Vol. I., To the Ac- 
cession of Mary Stewart. [Cambridge Historical Series.] 
(Cambridge : University Press. New York : The Macmillan 
Company. 1899. Pp. xviii, 408.) 
Mr. Hume Brown has recorded in a clear and logical fashion the 

narrative of the development of a Scottish nation and the turbulent inter- 

VOL. V. — 8 



1 1 4 Reviews of Books 

nal life of that nation up to the moment of the Reformation, and herein 
lies the chief value of the present work. Students of English history, 
and particularly of medieval English history, have been too much in- 
clined to regard Scotland from the point of view obtaining in the Middle 
Ages at Westminster (where the dwellers north of Tweed were often de- 
scribed as Scotii inimici ct rebelli) , and to leave out of account certain facts 
in Scottish history of high importance in their own field of inquiry. Several 
points of this sort are well developed in the present work. Take, for ex- 
ample, the battle of Carham where in 1018 Malcolm II., by the acquisi- 
tion of Lothian, determined the ultimate predominance of the Saxon 
over the Celt in that racial amalgamation which was soon to produce a 
Scottish people. The student of English institutions who seeks to account 
for the ready reception of Norman feudalism and Anglo-Norman law in 
the Scotland of the twelfth century, must turn for his explanation to the 
event of 1018. Mr. Hume Brown would reckon Carham with Hastings 
rather than with Bannockburn, in the list of English battles. The day 
will come, perhaps, when Clontarf, as well as Carham, will find a place 
in this list. The complement of Carham was the bloody fight at Harlaw 
where, in 141 1, the last effort of the Celts of the north to assert their na- 
tional consciousness was utterly crushed. The importance attributed in 
the present work to these events leads to the development of another 
point too frequently overlooked. This is the fact that up to the close of 
the thirteenth century Scotland exhibited a national development more 
advanced than that of any other country of western Europe except Eng- 
land. This was arrested by the disaster involved in the failure of the 
direct royal line in 1290, and the subsequent feudal chaos and general 
demoralization of the kingdom have been allowed to obscure, to a great 
extent, its earlier national development. Again, any one investigating 
the early foreign relations of England will find that Scotland forms an 
important link in all relations with northern Europe, and particularly 
with Scandinavia. 

Beside the exploitation of these too much neglected matters the pres- 
ent work also casts new light on periods and events more generally famil- 
iar. The narrative of the last years of David II. 's reign (p. 179), is 
based on recently published material and differs substantially from that 
given by Tytler and Hill Burton. In like manner an important despatch 
from Bishop Kennedy to Louis XL of France discredits the account of 
James III. ' s reign given by Pinkerton and Tytler and tends to rehabili- 
tate the authority of Buchanan's Historia (p. 249). Finally, Mr. Hume 
Brown's narrative of the battle of Solway Moss (pp. 393-395), based on 
the Hamilton Papers, differs materially from the traditional accounts of 
that engagement. 

But so many advantages are scarcely to be expected without some 
corresponding drawbacks. Among the worst of these is the unmistakable 
weakness of the book in constitutional matters. It is true that the con- 
stitutional history of Scotland has yet to be written ; Robertson and Skene 
have not answered all our questions and in many cases what they have to 



Brown : History of Scotland 1 1 5 

tell us must be regarded with suspicion. Under these circumstances it 
would perhaps have been wise if Mr. Hume Brown had confined himself 
to the narrative history in which he has been so successful. It is difficult, 
in view of such knowledge of the Celtic tribal system as we possess, to 
accept his explanation of the mormaers as hereditary royal officials (pp. 
45-46). The use of the term king's court in connection with the com- 
mune concilium (pp. 108-109) i s misleading, particularly when the same 
body is, on' a later page, more properly styled the Great Council (p. 
117). The statement that under David I. the system of inquest had al- 
most entirely displaced the older forms of procedure (p. 91), will be 
hesitatingly accepted. The suspicion thus raised is not allayed by the 
fact that the author appears to accept the view that English boroughs had 
their origin in municipalities (p. 7), and speaks of escheats " imposed " 
by the justiciars (p. 341). The accounts of the social and economic 
conditions of Scotland appear to be based exclusively on legislative acts, 
which are scarcely a satisfactory source unless confirmed by further material . 
A more serious fault than any of these, however, lies in the general 
tone of the book in regard to England. The author is Scottish rather 
than British and constantly betrays a feeling of rancor against England 
curiously inconsistent with his otherwise large outlook. It would be sup- 
posed that a nineteenth-century Scot, capable of applauding the achieve- 
ment of Malcolm II. in Teutonizing Scotland, would see that the best 
ideal of his country was to be associated with the destiny of Great Britain, 
and that this vision would have made impossible the narrow and bitter 
outbreak against Edward I. to which Mr. Hume Brown treats himself (p. 

155)- 

One or two minor faults have been noticed. The iteration of the 
word "outstanding" for prominent or striking, and of the phrase " give 
to the flames" for set fire to or burn is doubly provoking by reason of 
the otherwise simple and direct quality of the style. On p. 235 (note), 
" bearing that" seems to be a misprint for " bearing date." The state- 
ment (p. 70) that Norham Castle was founded by Henry I. is not borne 
out by the authorities. The district of Norham was a parcel of the 
highly privileged bishopric of Durham (afterwards a county palatine) and 
the castle was built by Ranulf Flambard, the then bishop, in the year 
1 12 1. 1 It is to be regretted that the circumstances of publication did not 
permit a more frequent and explicit citation of authorities, and that the 
edition or date of publication of works enumerated in the bibliography 
should not in all cases have been supplied. 

In conclusion, students are to be congratulated on having in this 
work a direct and concise statement, based largely on original sources, 
of the events of Scottish history up to the Reformation ; a blessing 
which all who have sought in vain for some desired information in the 
smug pages of Hill Burton, will be quick to appreciate. 

Gaillard Thomas Lapsley. 

1 Symeon of Durham (Rolls Series), II. 260 ; cf. Roger de Hoveden (Rolls Series), 
II. 64-65, and Raine, North Durham, 284. 



1 1 6 Reviews of Books 

Philipp II. August, K'onig von Frankrcicli. Von Alexander 
Cartellieri. Erstes Buch : Bis zum Tode Ludwigs VII., 
1165-1180. (Leipzig: FYiedrich Meyer. 1899. Pp. xv, 92, 
76.) 

Dr. Alexander Cartellieri has already become known to those 
interested in the history of medieval France by reason of his studies of 
Philip Augustus, which have appeared not merely in his graduating dis- 
sertation, of 1891, but in the Revue Historique in 1891, 1893 and 1894. 
Phe field which then so attracted him has continued to claim his atten- 
tion, and the studies then begun have been pursued with increasing fruit- 
fulness at Paris and Berlin and have led him to undertake an extensive 
life of the great king. Phe first result of this determination is the small 
volume now under review, which constitutes the opening book of what, 
if it is completed on the same scale on which it is begun, will prove a 
life-long task to its author and a monumental biography of the first medie- 
val ruler to make the French monarchy a power in the affairs of Europe 
as a whole. 

Necessarily the time covered in the installment of Philip's biography 
now before us, — extending from his birth on August 21, 1165, to Sep- 
tember 19, 1 180, when the death of Louis VII. left him sole ruler of 
France, — is so largely that of Philip's childhood that the present volume 
is chiefly important as indicative of Dr. Cartellieri's method and of what 
may be expected in future studies which will treat of the king at an age 
of greater maturity and influence. But the period here discussed presents 
some features of much interest to the student of minuter aspects of French 
history. In these years lie the young ruler's crowning, and his relations 
as joint sovereign to his fast-aging father, — matters of considerable im- 
portance for French constitutional history. Before the close of the period 
treated by Dr. Cartellieri comes Philip's first marriage, full of political 
significance. And in these years, too, lies that involved struggle for su- 
premacy in the counsels of the young monarch between Philip of Flan- 
ders, the skilful Henry II. of England, and the Champagne interest rep- 
resented by Philip's maternal relatives. In this period, also, Philip 
begins, in the nominal interest of the Church, his internal policy of re- 
pression toward the quarrels of the lesser nobility, and assertion of the 
royal authority wherever the monarchy had claim to lordship. Dr. Cartel- 
lieri has treated these themes, and all else relating to the political life of 
the young king during this period, with much clearness and a thorough- 
ness and minuteness in the use of the sources that is worthy of the most 
hearty commendation. If his enthusiasm for his youthful hero is great, 
and his disposition to assign to Philip a formative role during the first 
year of sovereignty seems possibly excessive, Dr. Cartellieri has given us 
a volume not merely of painstaking accuracy in the presentation of dates 
and facts, but of high promise that we shall have, when the successive 
books that he plans are added to it, a worthy critical biography of the 
great French monarch. 



Abbott : St. Thomas of Canterbury 117 

The value of Dr. Cartellieri's volume is much increased by the ap- 
pended discussions, and especially by a Register which includes an epi- 
tome of no less than one hundred and one charters and letters having 
to do with Philip Augustus between his birth and a time shortly after 
the death of Louis VII. This Register Dr. Cartellieri does not propose 
to continue over the field so largely occupied already by M. Leopold 
Delisle's well-known Catalogue des Actes de Philippe-Augustc. 

Williston Walker. 

St. Thomas of Canterbury, His Death and Miracles. By Edwin A. 

Abbott, M. A., D. D., Formerly Fellow of St. John's College, 

Cambridge. (London: A. and C. Black. 1S98. Two vols., 

Pp. xv > 333 ; vii,326.) 

This is an uncommonly interesting and instructive work on an out- 
of-the-way and unpromising subject. No genuine lover of books can fail 
to experience a thrill of pleasure as he takes into his hands the two 
sumptuous volumes in which heavy paper, broad margins and bold type 
are lavished upon a theme in itself apparently of little more than anti- 
quarian interest. And no one who dips into the work here and there, 
curious to know the reason for all this expenditure of time and labor, 
can fail to be fascinated and amused by the marvellous tales that 
crowd its pages. He will read far and long before he lays it down and 
he will know more about Thomas Becket's death and miracles ere he 
quits his delightful task than he ever knew before, and not a little into 
the bargain of the morbid taste, amounting even to a passion, for the 
miraculous in twelfth-century England. 

The work had a peculiar origin. The author, a well known Biblical 
scholar, in preparing a critical commentary on the Gospels was led to 
look into the various accounts of St. Thomas's death and miracles for il- 
lustrations of the way in which the several evangelists treated their theme, 
and the proposed brief excursus grew gradually into the bulky work which 
lies before us, and what was intended as a mere illustration of the methods 
of the evangelists became a critical study of the greatest interest and im- 
portance, of the whole subject of historical evidence. It is as a study of 
evidence that the work is chiefly valuable to historical students. An ex- 
tract or two from the author's own words will indicate what is meant. 
" From a comparison of the narratives above given the first and most 
general conclusion is one that must be most unsatisfactory to all those 
who desire short cuts to truth. For it is this : that no general rule can 
be laid down as to the value of an early account as compared with a later 
one. An early account sometimes teems with falsehoods. A later ac- 
count sometimes corrects falsehoods ; sometimes makes them falser and 
adds to their number. The value of a writing depends upon facts that 
are often very difficult to ascertain — namely, the position and character 
of the writer, his opportunities for observation, or for collecting evidence 
from those who have observed, and his power of setting down what he 



1 1 8 Reviews of Books 

has observed or collected, either without inferences of his own, or, at all 
events, in such a way as to allow the reader clearly to distinguish facts 
observed from facts inferred " (I. 192). "This testimony is peculiarly 
instructive. For it exhibits a man of learning, apparently writing in 
good faith, and probably within four or five years from the martyr's death, 
yet (1) assigning to the dead body a stupendous miracle not found in any 
of the numerous descriptions of his death that proceeded, about the same 
time, from competent witnesses; (2) describing a miracle wrought by 
the blood of the martyr while still lying on the pavement — a miracle, 
whether manifested then or afterwards, at all events unrecorded by any 
other witnesses; and (3) greatly exaggerating a miracle correctly de- 
scribed by an eye-witness (Benedict) and by one who was intimate with 
the archbishop (Fitzstephen)" (I. 241). 

The immediate bearing of the author's studies upon the criticism of the 
Gospels will also appear from such passages as the following: "It is 
often said concerning the Gospels that, if some of them were written as 
early as thirty or forty years after Christ's death, there is not time enough 
to allow the growth of the legendary element from the misunderstanding 
of metaphor. How, it is asked, could the leaven so rapidly pervade 
the biographies of the Saviour that the legendary now appears almost 
inseparable from the historical ? But here again we find a parallel and 
something more. Many of the accounts of the life and death of 
Becket were written within five years of his martyrdom. Many of the 
miracles — certainly those recorded by their earliest chronicler — were writ- 
ten down at the very time of their occurrence. Yet even in these early 
documents we find that writers, speaking from ' veracious relation, ' record 
portentous falsehoods, or let us rather say non-facts, and that even writers 
depending upon the evidence of eye-witnesses, and sometimes (though 
much more rarely) on the witness of their own eyes, fall into astonishing 
errors, many of which take the direction of such amplification as to con- 
vert the wonderful but explicable into the miraculous and inexplicable." 
"Again, from the point of view of documentary criticism, there is much 
to be gained from a comparison of the martyr literature with our Gospels. 
As there are four Gospels, so were there four Biographies of St. Thomas, 
recognized in very early times as especially authoritative. Tatian in the 
second century made a harmony of the four Gospels, called Diatessaron : 
Elias of Evesham made a harmony of the four Biographies, and called it 
Quadrilogus. In blending the four, the Diatessaron sometimes alters, 
sometimes inserts, sometimes confuses one with the other ; so does the 
Quadrilogus. " " The fourth of our Gospels was written long after the 
three ; so was the fourth of the authoritative lives. The fourth Gospel 
professes to be written by one who knew Jesus as a friend ; the fourth 
Biography was actually written by St. Thomas's intimate friend and in- 
structor in Scripture. That Gospel makes no mention of demoniacs and 
recounts few miracles : that Biography expressly claims that it is written 
in order to bring out the Man, and implies that its object is that the Man 
should emerge from the miracles under which he was in danger of being 



Molenaer : Li Livres die Goiivernement des Rois 1 1 g 

smothered. Besides our four Gospels we know that there were many- 
others, and have reason to believe that in the variations of our Gospel 
MSS. we find occasional traces of earlier Gospels suppressed or neglected 
by the Church and now altogether lost. As regards the Biographies we 
are more fortunate in actually having many of those accounts of the 
saint's life and death that were discarded by the authors of both the Early 
and the Late Qitadrilogus ; and one of these we find to be in many re- 
spects far more trustworthy, and far richer in facts of interest, than some 
of the four authoritative Biographies. In the Gospels there are traces of 
different points of view in the writers : one regarding matters as a Jew 
might, another as a Gentile ; one paying attention to style, another think- 
ing of nothing but fact ; one omitting what another inserts and vice versa. 
There are also here and there passages in which writers agree almost ver- 
batim, interspersed with others where they do not agree at all, or only in 
the words uttered by Jesus and by those with whom he is conversing. All 
these phenomena recur in the Biographies and still more frequently in 
the two Books of Miracles " (II. 308 sq). 

As a study in the psychology of the marvellous the work is also of 
great interest. No one can read the strange and often grotesque tales 
with which the pages teem without realizing, perhaps more vividly than 
before, that there is something here which must be always reckoned with 
as a large factor in the life of the race. It is true that the medieval taste 
for the miraculous has always been well known, but the present work 
affords unusual opportunities for studying that taste and for tracing the 
way in which it found expression in particular cases. 

A. C. McGiffert. 

Li Livres du Gouvernement des Rois, a Thirteenth Century French 
version of Egidio Colonna's Treatise De Regimine Priiicipum, 
now first published from the Kerr Manuscript. Edited by 
Samuel Paul Molenaer, Ph.D., Instructor in the University 
of Pennsylvania. (New York : Columbia University Press ; The 
Macmillan Co. 1899. Pp. xlii, 461.) 

The most serious disadvantage under which the student of the history 
of political theories labors, especially in America, is the lack of proper 
and sufficient texts of medieval works on government. This lack was no- 
where more keenly felt than in the case of the present work and, though 
for purposes of study the Latin version is best, every student of political 
theory will welcome the publication of the present French translation, 
which was made shortly after the Latin original was written (e. 1285). 

This is one of the few medieval works on government which was not 
written to support papal or imperial pretensions to supreme temporal 
power. Its didactic character makes it more comparable with the political 
works of such men as John of Salisbury, Thomas Aquinas and Philip of 
Leyden than with the polemical writings of theorists like Manegold of 
Lautenbach, William of Ockham and Philip of Mezieres. It is without 



1 20 Reviews of Books 

doubt in the works on the papal and imperial powers of the last mentioned 
men that the most strikingly original medieval theories of the state are 
found, but to write on that all-absorbing topic was not the purpose of 
Colonna. He wished to lay before the medieval prince (in this case 
the Dauphin of France, afterwards Philip IV.) the principles to be fol- 
lowed in governing a state. In stating these principles he followed Ar- 
istotle's Politics very closely and like most of his contemporaries he 
regarded the ideas of his master as too sacred to be added to or changed 
to any considerable extent. 

The first of the three books, of which the work consists, treats of the 
" highest good " as the true end of the life of man and gives the moral 
precepts for the attainment of that end. The second book is devoted to 
the family, the education of children and the fundamental principles of 
household economy. In the third book is a comparative study of the 
various theories of the state held by the Greek philosophers, followed by 
a discussion of the best form of government, the nature of law and jus- 
tice and the duties of a prince in peace and war. As contrasted with the 
Politics, most noticeably characteristic are the references to God and the 
Church. 

The work has been carefully edited, but Dr. Molenaer has not shown 
sufficient familiarity with the best methods for the publication of texts. 
An introductory note as to the rules followed in editing the work, as to 
his use of brackets, parentheses and other signs would help the reader. 
Texts should be so presented that they can be read rapidly and with as 
few as possible interruptions by signs or references to foot-notes. At the 
same time, a text should read as its author meant it to read. If the 
author intended "que" (p. 3) and the copyist has put "qui," "que" 
should be put in the text and " qui " relegated to the foot-notes. The 
same principle holds good of any letters or words which ought to be 
omitted from or supplied in the text. The reader should never be sent 
to the foot-notes for the correct reading or be confused by allowing an 
incorrect reading to remain in the text. 

James Sullivan. 

England in the Age of Wy cliff e. By George Macaulay Trevel- 
yan, Fellow of Trinity College, Cambridge. (London and New 
York : Longmans, Green and Co. 1899. Pp. xiv, 380.) 

The title of this work is somewhat misleading, since it treats of the 
political, social and religious conditions of England during the later years 
of Wiclif's life only. Six of the nine chapters are devoted to the years 
1377-85, while the last two treat the history of the Lollards from 1382 
till the Reformation. 

The author has attempted the difficult task of writing a work ad- 
dressed to the general reader, but which at the same time shall be a serious 
contribution to history. This popular aim has induced him to modern- 
ize the powerful English of Wiclif and Langland in his quotations, al- 



Trevelyan : England in the Age of Wycliffe 1 2 1 

though he has fortunately not taken the same liberty with Chaucer. But 
is Wiclif's English more difficult than Chaucer's? The same aim is re- 
sponsible for a novel scheme of notes which is hardly an improvement on 
the usual plan. Footnotes contain nothing but citations to the authori- 
ties, while all discussion is confined to seventeen pages of notes and 
appendices. A commendable feature of the work is the insertion of 
three maps illustrative of the revolt in 1381 and the spread of Lollardry. 
The absence of a bibliography is noticeable, nor is an adequate substitute 
provided in the explanatory list of abbreviations, in which modern 
bibliographical requirements are not always met. Were it not better to 
make the abbreviation such as to convey the title of the book to the 
reader, as Mr. Trevelyan sometimes does, than to compel him to search 
for it in a list not alphabetically arranged ? 

On the whole, the work is a very creditable one, and a valuable con- 
tribution to our knowledge of the fourteenth century. Besides making 
good use of most published materials, the author has studied the unpub- 
lished sources of the Public Record Office, notably the Coram Rege Rolls 
and the Ancient Indictments. 1 Hence his book abounds in new informa- 
tion. While this is not so much true of the earlier chapters, owing to 
the paucity of materials not hitherto utilized, it is conspicuously so of 
those on the Peasants' Rising and the history of the Lollards. Want of 
space alone prevents us from enumerating some of these new facts brought 
forward. 

Mr. Trevelyan writes a clear and easy style, seemingly influenced by 
that of his great-uncle. Some of his Macaulayisms, however, are not of 
unquestioned advantage, as, for example, the use of modern comparisons 
not always historically accurate, 2 and a sort of partisanship for the cause 
of Wiclif, which leads him to do scant justice to the Church. 3 Occasional 
errors of detail occur, some of which are rather surprising. 4 

Unquestionably the best chapter of the book is that on the Peasants' 
Rising in 1381. Studies in the Public Record Office, together with the 
knowledge of a source used in Stow's Chronicle, and recently published 
by Mr. Trevelyan himself, 5 enable him to give the best account of the 
events at London that has yet appeared. His method of handling the 
sources is satisfactory, though not entirely above criticism. Too much 
weight is sometimes given to the statements of Froissart, whose untrust- 
worthiness in matters of detail is well known, while no use seems to 

1 Those not already published by M. Petit-Dutaillis (A. R£ville, Le Soidevement des 
Travailleurs d' Angleterre en ijSi, Paris, 1898), will shortly appear in a small volume 
edited by Mr. Trevelyan in conjunction with Mr. Edgar Powell. 

2 For example, John of Gaunt, "at the head of a . . . . hierarchy of knaves," is 
likened to an American party boss (pp. 10-12). He secures for them control of the privy 
council, where the " big deals " are made. But this view is based on hostile parliament- 
ary petitions, in which unpopular ministers usually appear as traitors and knaves. See 
also the comparisons on pp. 35, 191. 

»Chs. 4-5. 

4 See review in Athenaeum, April I, 1899, P- 39 a 

5 English Historical Review, XIII. 509-522. 



122 Reviews of Books 

have been made of the important memorial issued by the authorities of 
London to commemorate the part of their mayor in suppressing the re- 
volt. 1 In fact, Mr. Trevelyan does not seem to have made a sufficiently 
exhaustive use of the chronicle which we owe to his diligence. Its reve- 
lations on Tyler's important personal part in the negotiations at Mile End 
are well worthy of note, as are also the new demands of the insurgents 
recorded, especially one for the repeal of the statute of laborers." Tyler's 
further requirements at Smithfield are equally important. Those of a re- 
ligious nature provide that the goods of the clergy be seized and divided 
among the parishioners ; that the lands and tenements of possessionem be 
divided among the commons of the realm ; and that the hierarchy, with 
the exception of a single spiritual head for the Church of England, be 
abolished/ Such provisions surely deserve more than a passing notice * 
in a work of which Wiclif is the most prominent figure. 

George Kriehn. 

Margaret of Denmark. By Mary Hill. (London : T. Fisher 

Unwin. 1898. Pp. vii, 156.) 

This book is an attempt to give to English readers a general account 
of Margaret of Denmark, queen-regent of the three Scandinavian coun- 
tries. Following the lead of the older authorities, Miss Hill is disposed 
to rank Margaret as one of the great queens of history, and even finds her 
worthy of comparison with Alfred the Great. Undoubtedly Margaret 
had some elements of greatness, but they certainly were not of the quality 
that excite our sympathetic admiration for Alfred. Although the oppor- 
tunity was not wanting, she stood for no great idea. She might have 
welded the three Scandinavian countries into a mighty empire, and this 
is what the general student of history thinks that she did, but this empire 
was of the most superficial character. The union which she effected was 
based on the most short-sighted dynastic policy. Her main efforts were 
directed toward the fortification of royal authority in Denmark and the 
extension of her realm. In these things she was very successful under 
seemingly adverse circumstances, although much of her vaunted strength 
no doubt lies in its contrast with the weakness of opposing forces. She 
was, however, a crafty queen who ruled a large realm with subtle astute- 
ness and sagacity, but not with broad-gauged wisdom. Her success was 
in a large measure made possible by a series of more or less accidental 
combinations, and by the general national impotence, and the political 
and social anarchy that characterized the latter half of the fourteenth cen- 
tury in Scandinavia. 

'The author accepts Froissart's tale of the insolence of the insurgents toward the 
queen-mother in the Tower and her escape by water to the Wardrobe (p. 237). But we 
know from the testimony of the official city record (Riley, Memorials of London, 449), 
and from Mr. Trevelyan's own chronicle (p. 517) that she accompanied the King at Mile 
End. Other doubtful instances are pp. 226, 232, 244 n. 2. 

''■English Historical Review, XIII. 517. 

3 lb., 519. 

4 P. 220. 



Hill: Margaret of Denmark 123 

The laws of all three of the Scandinavian countries debarred a woman 
from wearing the crown ; but circumstances placed a sceptre in her hand, 
and she wielded it with such skill that from the rank of guardian to a 
fatherless prince, she became, after his early death, not only ruler of his 
domain — Denmark and Norway — but on account of her successful admin- 
istration of affairs, she was invited by the dissatisfied nobility of Sweden 
to invade their land to assist them in expelling their incompetent king 
and become their sovereign. She accomplished the task, and thus be- 
came ruler of the three Scandinavian countries. 

Margaret was born in 1353. Like Elizabeth of England, she was the 
daughter of a "coarse-fibred, firm-handed, vigorous king," Valdemar 
Atterdag of Denmark. He early discovered the essence of his own 
virility in her, and grumbled at the misfortune of her having been born 
a daughter. But he soon found her available on the royal chess-board. 
At a very early age she was given in marriage to young Haakon of Nor- 
way. Their son Olaf was in 1376 elected king of Denmark, upon the 
death of Valdemar. There had been much dispute over the succession, 
but Margaret's shrewdness seems to have turned the current of opinion 
toward her son. She herself was appointed regent during his minority. 
In 1380, through the death of his father, Olaf also fell heir to Norway ; 
but in 1387 he died, at the age of seventeen, whereupon Margaret be- 
came reigning queen in both Denmark and Norway. 

The ease with which Margaret made herself sovereign in these two 
countries, where both law and custom were against her, reveals her pow- 
ers of astute statesmanship. Whether from fear, or from respect for law 
and custom, we do not know, but Margaret immediately set about to 
fortify her royal position, and to insure a succession in accordance with 
her desires. Her only child was dead, and so she prevailed upon the 
powers in Norway to choose her grand-nephew, Erik of Pomerania, as 
her successor. A little later she saw fit to have him elected king under 
her guardianship. She now turned her attention to Sweden, where, with 
the encouragement and assistance of the nobility, she succeeded in eject- 
ing Albrecht of Mecklenburg, whereupon, in 1396, Erik of Pomerania 
was elected king. The next year, on the occasion of the convention at 
Kalmar, he was crowned king of the united Scandinavian kingdoms, but 
Margaret continued to hold the reins of government until her death in 
1 41 2. She might have worn the triple crown herself, but she seems to 
have been content with her position as actual ruler, without the ostenta- 
tious adjunct of a crown. No doubt she had excellent reasons for her 
course of procedure, but they are not recorded. 

Margaret is best known to the world in connection with the Union 
of Kalmar, which bears the date of July 20, 1397. But recent investiga- 
tion has shown that the document promulgated on this occasion was en- 
tirely invalid. After having obtained a secure foothold in Sweden, she 
summoned representatives of the three kingdoms to a meeting in Kalmar, 
where a draft for a constitution was made upon which the union was to 
be based, and in which the law of succession was to be incorporated. 



124 Reviews of Books 

But although she had met with but little opposition in having Erik elected 
king of the three countries, she seems to have found it impossible to in- 
duce the representatives at Kalmar to frame a constitution to her liking. 
To judge from her whole life, she had evidently contended for a strictly 
hereditary and unlimited monarchy, whereas Sweden and Denmark favored 
an elective one and their representatives succeeded in getting their ideas 
incorporated into the constitution. Moreover, from all the acts of her 
reign it is evident that she stood for the supremacy of Denmark, not for 
a union of three independent countries, as the constitution vouchsafed. 
These disagreeable elements no doubt account for the fact that Margaret 
never took the necessary steps to make the document valid. She seems 
to have let it go by default, for there is no trace of any copies of this first 
draft having been made for each of the countries in accordance with the 
stipulations of the original draft. Moreover, the document does not bear 
the seal of a single Norwegian representative. Miss Hill repeats the error 
of the older writers on this subject when she speaks of the instrument 
framed at Kalmar as one that became legally binding, and says : "Two 
exact copies of this treaty, written on parchment, were given to each 
kingdom, to which four prelates and thirteen gentlemen ' freely and vol- 
untarily ' placed their seals." 

It is to be regretted that Miss Hill has not had access to any of the 
modern historians of Scandinavia. She speaks of the scantiness of her 
material, and it is indeed scanty when she knows only one unimportant 
Scandinavian writer of this century. The greater historical writers of all 
of the Scandinavian countries have of course discussed Margaret, but the 
authority on her is Professor Christian Erslev of the Copenhagen Uni- 
versity, whose work entitled " Dronning Margarethe og KalmarunioJiens 
Grundlaggelse" 1882, is a most reliable account of the great Northern 
queen, based on the most searching investigation of original sources. 
The light he casts on the dark epoch of Margaret's reign, when intellectual 
life was at its lowest ebb, leaves her a ruler of less heroic mould than the 
traditional Margaret, and detracts much from the significance of the con- 
vention at Kalmar. Meanwhile, until some one gives us in English the 
story of Margaret's life based on Erslev's work, we are grateful to Miss 
Hill for her book, which, like the old authorities on which it is based, is 
correct enough in dates and the superficial facts of her life, but not to be 
relied upon for a just and critical estimate of Margaret and her times. 

Julius E. Olson. 

Catalogue of the Library of Syon Monastery, Isleworth. Edited by 
Mary Bateson, Associate and Lecturer of Newnham College, 
Cambridge. (Cambridge: University Press. 1898. Pp. xxx, 
262.) 

Syon Monastery was founded under the rule of St. Bridget in 141 5 
near Twickenham, was transferred to Isleworth in 143 1 and was dissolved 
in 1539. It contained two libraries, one for monks and the other for 
nuns. This catalogue, which represents the monks' library, was com- 



Hanser : Onvriers du Temps Passe 125 

piled about 1504 and was added to and corrected, but not improved, by 
later hands up to the year 1526. It is now manuscript 141 of Corpus 
Christi College, Cambridge. The catalogue consists of ( 1 ) a classified 
list of 142 1 works, manuscript and printed, giving the title, shelf-num- 
ber, name of donor and the first two words of the second folio of each 
work, (2) an alphabetical author-index. Miss Bateson has provided her 
edition of this work with an introduction, notes, a fac-simile page and 
several valuable supplements and appendices. Perhaps the most valuable 
of the original. contributions, is the identification of more than 400 edi- 
tions of the printed works by means of the catch-words. The identifica- 
tion of actual copies has been so difficult that only six volumes out of the 
whole number are known to be now in existence. 

The value of the document itself is chiefly for the history of monastic 
life and for the history of books and libraries. Much of this has been 
drawn out by Miss Bateson in her introduction and notes. It appears 
that the monks had little use for anything but Latin, — one Hebrew, three 
Greek, four French, and twenty-six English works representing the total 
of alien tongues in this large library ; but the Latin books showed a 
model literary taste, at the same time classical and up to date. 

The catalogue touches civil history in the list of donors at several 
points, notably in the names of Richard Reynold, hanged for denying 
the royal supremacy in 1535, and Richard Whytford the friend of More. 

In the matter of library history this catalogue contributes many in- 
teresting items. It was curiously modern in many respects. It was 
classified and its notation, in which the class-number is a letter and the 
book-number a figure, points to a system of " relative location," whether 
the numbers painted " ad extra " were on the book or on the case ; if 
the former then it was strict " relative location." Miss Bateson reasons 
out, from the fact of the library losses, the presumption that the library 
was, like many other monastic libraries of the time, an outside-lending 
library. She fails, however, to note that the great number of duplicates, 
which she ascribes to the natural disinclination to refuse a gift, points in 
the same direction. If it were an outside-lending library duplication 
would be only natural. 

Altogether, under the skillful handling of Miss Bateson this at first 
sight somewhat unfruitful-looking source suggests many an interesting 
line of research into the history of culture. The work of editing, as 
might have been expected, is excellently done. 

Ernest Cushing Richardson. 

Ouvriefs du Temps Tasse (XV — XVT Sicclcs). Par H. Hauser, 
Professeur a la Faculte des Lettres de l'Universite de Clermont- 
Ferrand. (Paris: Felix Alcan. 1899. Pp. xxxviii, 252.) 

Whether it is that the time we live in is an age of disenchantment 
or simply that every subject of investigation regularly passes from a first 
idyllic stage into later and calmer conceptions ; whether our critical 



126 Reviews of Books 

powers in this generation are greater than our synthetic, or it is only that 
we look at things with clearer eyes ; certainly many of the best results 
of current scholarship reach their principal end in destroying earlier and 
more fanciful beliefs. The realistic pictures of the life of our Aryan pro- 
genitors drawn by the earlier students of comparative philology ; the 
broad generalizations of Kemble and Maine and Maurer in the field of 
primitive Teutonic and Celtic society and government ; the universal 
formulas of the first evolutionists, have all faded away and left us more 
exact knowledge, it is true, and more modern statements, but no new 
formulas, and none of those generalizations for which the human mind 
longs. 

The work of M. Hauser is another evidence of this tendency, in a 
later field. He proves the worthlessness of all attempts to estimate the 
absolute value of wages and of the cost of living at any past epoch, a 
good instance of this difficulty being found in the fact that of two his- 
torians especially familiar with the fifteenth century one makes the value 
of a given weight of coined silver six times its present value, the other 
forty times. If this is so, the greater part of the work of Rogers in Eng- 
land, and of the Vicomte d'Avenel in France, and the generalizations 
based on them are valueless, and a direct comparison of the condition of 
laborers in the past with that in the present is impossible. Again he 
shows that the supposed homogeneity of labor, the universality of organ- 
ization into gilds, and absence of competition, at least in France and in 
his period, are a delusion. There were a great many "free" artisans, 
both employers and journeymen, who carried on their industry quite out- 
side of the gild limits. The corporate type was that to which all indus- 
try tended to conform, and which was supported by all the strength of 
the existing craft organization, of the civic and of the national govern- 
ment ; but after all it was only an ideal, never reached, and always need- 
ing to be struggled for by those interested in the crushing out of un- 
organized labor. In the sixteenth century in France, M. Hauser de- 
clares that " free " labor is the rule, labor organized into gilds is rather 
the exception. Again, the old "industrial peace" is disproved. 
Disputes between employers and employees on the question of wages are 
shown to have been scarcely less active in those centuries, especially in 
the sixteenth,, the era of the influx of bullion from America, than in the 
nineteenth. 

The general attitude of the book is therefore quite destructive to old 
traditions. It shatters some old idols, dissolves old glamour, and 
banishes old romance from still another field of history. Its actual sub- 
jects of inquiry are, however, treated positively enough and there is 
abundance of concrete statement. Valuable chapters are given on the 
policy of Louis XL toward the industrial and trading organizations, on 
the position of apprentices and of journeymen, on the relations between 
employer and employee, on wages, on the possibilities of access by ap- 
prenticeship and journeymanship to an eventual mastership, on women's 
work, and on social and religious fraternities within the limits of the 



Brette : La France d^apres d 'Argenson. 127 

crafts. There is besides a detailed and interesting account of a long 
strike among the printers at Lyons and at Paris from 1539 to 1542, 
which bears so many familiar marks that it is hard to realize that it took 
place centuries ago and not within recent decades. 

The French are just beginning to realize what a splendid body of 
material for their social history is in existence and to exploit it with their 
usual keenness and industry. There are three volumes of gild statutes 
for the city of Paris which have been edited by M. de Lespinasse, and 
other similar collections are being made for other French cities. The 
abundance of documents of this kind is remarkable. The activity of 
royal administrative officials, the consistent effort which the kings made 
from the middle of the fifteenth century onward to bring under their own 
regulation the industrial classes from which so much of their pecuniary 
and moral support was drawn, brought about the habit of enregistration 
to a degree unknown in any other country of Europe. It is these regis- 
tered ordinances, concessions, and agreements, in addition to royal de- 
crees, to the chronicles, and to the pleadings in law-suits, that are now 
being utilized in such works as those of M. Fagniez and this of M. 
Hauser, to give us a quite new knowledge of earlier social conditions. 
That this knowledge is still not very well assimilated and generalized, 
that it is somewhat in the catalogue style is the principal, if not the only 
adverse criticism we have to make of the book under review. 

E. P. Cheyney. 

La France an Milieu dit XVIII' Steele, d'apres le Journal die Mar- 
quis d ' Argenson. Publie par Armand Brette. (Paris : Ar- 
mand Colin et Cie. 1898. Pp. xxxv, 413.) 

The memoirs of the Marquis of Argenson are familiar to students ; 
they contain in eight portly volumes much that is interesting and much 
more that is unimportant. The marquis was a person of active mind, who 
for a few months was minister under Louis XV. In office, he showed 
himself a man of integrity, but not of sagacity ; with the best of inten- 
tions he usually decided on the worst of policies. 

All his life he kept a journal, in which he noted the news and 
rumors of the court, in which he devoted much space to the expression 
of his animosities, which were numerous, and still more space to his 
chances of political advancement, in which years of discouragement did 
not destroy his hopes. Mingled with a great deal that is valueless, are 
reflections on the condition of affairs that are striking from their justice, 
and conjectures as to the tendency of the French government, some of 
which proved to be marvellously near the truth. M. Armand Brette has 
undertaken to cull from these voluminous memoirs what is most valuable 
for historical students, and these he has put in one moderate-sized volume. 
It is a work of some utility. The compilation of M. Brette presents in 
compact shape extracts, which together give us a picture of the condition 
of France in the middle of the last century. Argenson is, indeed, an au- 



i 2 8 Reviews of Books 

thority who must be used with some degree of care. He was an intelli- 
gent and patriotic citizen, distressed at the abuses which he found in 
political life, and often gifted with an accurate vision of the results to 
which such abuses would lead. But he was prone to exaggeration, and 
by no means accurate in his statements. From his memoirs, we can ob- 
tain just ideas of general conditions, rather than trustworthy information 
about actual occurrences. 

The picture he gives is a gloomy one, and he dwells with iteration 
on its most discouraging feature, the incurable badness of the govern- 
ment. " The bad results of our absolute monarchy," he writes, "would 
make one believe that it is the worst of all government. . . . We see 
this in full display under the present ruler, a prince who is mild but in- 
ert, letting the abuses grow which will result in the ruin of the kingdom ; 
there are no reforms, there is no improvement, officials are selected with- 
out intelligence, ancient prejudices are adopted without examination, all 
working to the nation's harm. . . . In the meantime, public opinion 
advances and mounts and grows, and this it is that may start a revolu- 
tion." 

In this inert government, slowly drifting to leeward, the worst evil 
was taxation, unwisely imposed and corruptly collected. "The public 
treasury," writes the marquis, "is like an insatiable abyss, and yet it 
cannot suffice for all the needs of prodigality. The officers of finance 

gain much, the people lack everything The arbitrary system 

of the faille is the worst evil of the state ; the receivers of the faille grow 
rich, the expenses of collections are greater even than the tax itself." 

Any increase in prosperity resulted only in increased taxation. 
"The collector in my village said the faille ought to be increased this 
year. He had noticed the peasants were fatter than elsewhere, that they 
fared well and prospered well. It is such reasoning," continues the 
writer, " that discourages the peasants, and would have made Henry IV. 
weep." 

It was not often that an official could find grounds for increased taxa- 
tion in the prosperity of the peasants. "lam now in the country," 
writes Argenson, " I see misery everywhere, and hear no talk of anything 
else." " I am at present at my home in Touraine. I see only a lament- 
able condition of misery ; it is no longer the feeling of need, it is despair 
which possesses the inhabitants ; their only desire is for death." 

Doubtless the marquis, justly irritated at the results of misgovern- 
ment, sometimes exaggerated the evil conditions he saw. Extreme pov- 
erty, general though not universal in the country, was accompanied by 
growth in wealth and population in the cities. Even Argenson in his 
laments expresses wonder at the steady rise in the value of land in Paris, 
for which he suggests every explanation but the true one. But whether 
the peasants' lot was growing worse, or the manufacturers' and mer- 
chants' lot was growing better, all worked together towards the overthrow 
of a government that was no longer fit to govern. " All the orders are 
discontented, ' ' says our writer, ' ' and the common people are consumed 



Emerson: Memoirs of Edward Gibbon 129 

in misery All these materials are combustible, an emeute can 

cause a revolt, and a revolt a revolution." In all the eight volumes of 
memoirs, there was no more accurate statement. 

James Breck Perkins. 

Memoirs of the Life and Writings of Edward Gibbon. Edited with 
Introduction and Notes by Oliver Farrar Emerson, A.M., 
Ph.D., Professor of Rhetoric and English Philology in Western 
Reserve University. (Boston and London : Ginn and Co. 
1898. Pp. Ixxv, 279.) 

This edition of Gibbon's Autobiography is characterized by a recon- 
struction of the text on the basis of the recently published original drafts. 
In framing this new text Professor Emerson begins with draft " F, " to 
use the designation of the Murray edition, as far as it goes, and then adds 
in order such portions of B, C and E as are not repetitions of what has 
already been given. The texts of these drafts are given without inter- 
polation or suppression. The rest of the material which the first Lord 
Sheffield used in the construction of his text is presented in the introduc- 
tion and notes. This is also the first edition of the classic to receive 
systematic annotation. The editor has prefaced his text with a full and 
discriminating introduction which gives much evidence of careful re- 
search. 

Unfortunately, one exceptionally valuable contribution to Gibbon 
literature has escaped his notice. I refer to the late [Gen. Meredith 
Read's Historic Studies in Vaud, Berne, and Savoy from Roman Times to 
Voltaire, Rousseau and Gibbon (Chatto and Windus, 1897). The 
last 250 pages of Vol. II. are devoted to Gibbon and contain a mass of 
hitherto unpublished materials throwing light on every phase of Gibbon's 
life in Switzerland. In particular Gen. Read gives many extracts from 
Gibbon's diaries and from the letters and journals of his friends. With 
this work at his side, Professor Emerson would have found the task of an- 
notation lightened, and he would not have been obliged to say of Alle- 
mand, for example, p. 226, " Nothing seems to be known of this clergy- 
man except what Gibbon tells." Read devoted a chapter to Allemand, 
(II. 134-158), and printed selections from his inedited correspondence. 

The task of the first annotator is always a perplexing one, but Profes- 
sor Emerson has acquitted himself very well. He has blinked no diffi- 
culties and he has been able to trace all but one or two of the literary ref- 
erences. One of these, curiously enough, has been printed by every 
editor in the unintelligible contraction found in Gibbon's manuscript as 
" Ramusius de Bello C. Paro." This he identified and prints as " De 
Bello Constantinopolitano." 

That there should be a few mistakes in such pioneer work is not sur- 
prising. On p. 207, Laurence Echard, the historian, is taken for a 
French writer and the titles of some of his works are given in French. 
P. 222, for Boehart, read Bochart. On p. 237 Gibbon's remark that 

VOL. V. 9. 



1 30 Reviews of Books 

" the accession of a British king " had gone far to allay Tory feeling is 
explained as referring to George II. The reference is to George III., 
who said on his accession : "Born and educated in this country, I glory 
in the name of Briton." On p. 276 the editor nods in explaining Gib- 
bon's simple assertion that "the writer who succeeds in London is 
speedily read on the banks of the Delaware and the Ganges," as folio .vs : 
" That is, America and India. At this time Philadelphia was the great 
publishing centre of the one, Calcutta of the other." Obviously, it is 
not a question of publishing centres but of the confines of the English 
reading public. In the note on Ramusio, p. 272, the editor says that 
Ramusio's book " was printed in 1609 and never reprinted, so that this 
accounts for Gibbon's not being able to use it before." It was reprinted 
in 1634 or 1635 and it was this second edition which Gibbon used, as 
may be seen from the note descriptive of the work at the end of his six- 
tieth chapter. 

An index would be a distinct help in the use of this edition and 
should be added in a reissue. 

Edward G. Bourne. 

Mirabeau. By P. F. Willert, M.A., Fellow and Tutor of Exeter 
College, Oxford. [Foreign Statesmen.] (London : Macmillan 
and Co. ; New York : The Macmillan Co. 1898. Pp. xi, 230.) 

This volume is one of a series of brief biographies of statesmen 
that Macmillan and Company are publishing. The book is intended for 
the general public and contains no apparatus in the form of footnotes and, 
apart from the brief preface, no reference to the material used in the 
preparation of it. 

Mirabeau was the most prominent figure of the first period of the 
Revolution, but no complete biography of the man has yet been pub- 
lished in English. Lomenie's three large volumes and Stern's two vol- 
umes still stand alone. Mr. Willert's book, as a sketch of Mirabeau's 
life, is worthy to rank with the excellent short French biographies by 
Rousse and Mezieres. He seems, however, to have been ignorant of 
Professor Von Hoist's two volumes on Mirabeau (_T/ie French Revolution 
tested by Afiraoeau's Career, Chicago, 1894), when he wrote in his 
preface : " I do not know that much of importance has been written in 
English regarding Mirabeau, except an essay by Macaulay." An essay 
that devotes about two pages to Mirabeau can hardly be called an impor- 
tant contribution to the literature on Mirabeau, while it is really worth 
the while of the student of Mirabeau's life to know what Professor Von 
Hoist has written about him. Mr. Willert's volume is really a biography 
and treats at some length the period previous to 1789; the American 
work contains but one chapter on this period. Professor Von Hoist cites 
his evidence, however, and for this reason would serve better as an intro- 
duction to the study of Mirabeau's life. 

Apparently Mr. Willert's aim was to present in concise form the re- 



Gorcc : Histoirc die Second Empire 1 3 1 

suits of the investigations of such men as Lomenie and Stern, supple- 
menting their work by a first-hand knowledge of such material as is 
found in the Mimoires of Montigny, the correspondence of Mirabeau 
with La Marck and others, Mirabeau's notes to the Court, and his 
speeches. It is a work of condensation and not of original research. 
But to condense the life of Mirabeau into two hundred and thirty pages 
is a difficult task and Mr. Willert has performed it in a highly creditable 
manner. The proportions are good and the division into chapters shows 
excellent judgment. The latter part of the work is, to my mind, better 
than the first part. It shows a firmer grasp of the subject and more 
unity in the treatment of it. In the first part, not sufficient emphasis is 
laid upon the fact that the period from 1750 to 1789 in French history 
was characterized by the crystallization of public opinion in opposition 
to arbitrary power and that nearly everything that Mirabeau wrote during 
these years shows him to have been one of the most persistent and con- 
sistent advocates of this opposition. Mr. Willert is sympathetic in his 
treatment of Mirabeau, but it has seemed to me that now and then he is 
unfair in his treatment of the Revolution (p. 105). 

Good as it is, the book is naturally not without defects. There is 
lack of uniformity in the treatment of French expressions ; there are 
some obscure passages due to too great condensation or to the failure to 
follow the order of events, and there are some — not many — inaccuracies. 
The chief defect, as it appears to me, is the lack at times of sufficient 
background. How much background an historical work should contain 
is, of course, a matter of judgment, but I believe that the conservative 
critic would agree with me that Mr. Willert has not always given his 
Mirabeau a satisfactory setting. 

The style of the book is most attractive, although at times (pp. 92, 
229) the similes are considerably overdone. One of the most striking 
sentences that I recall is taken from a description of Mirabeau in the As- 
sembly (p. 87): "His rough-hewn features and shaggy locks were 
suited, like the mask of an ancient actor, for distant effect." Could 
Macaulay have done better? 

Fred Morrow Fung. 

Histoire du Second Empire. Par Pierre de la Gorce. Tome 
Quatrieme. (Paris: E. Plon, Nourrit et Cie. 1899. Pp.642.) 

This is the fourth volume of the well-known work of M. de la 
Gorce on the Second Empire, and there are two more volumes to come. 
The period discussed is that from i860 to 1866 and the volume contains 
not only an admirable account of that tumultuous and exciting era in 
French politics which culminated in the elections of 1863, but also long 
and practically complete chapters on the Mexican expedition, the Polish 
insurrection, and the whole Schleswig-Holstein affair leading to the 
Danish and Austro -Prussian wars. 

The present volume brings out with exceptional clearness the chang- 



132 Reviews of Books 

ing conditions under which the Second Empire entered upon the second 
decade of its history, passing from the "simple and majestic unity " of 
the earlier years to the "great confusion" of the later; from the era of 
easy government to that of an administration confronted by manifold 
complications. " Ce fut la fatalite du Second Empire,'' says M. de la 
Gorce, "que les complications, les questions (comme le public prit 
l'habitude de les appeler) se succederent les unes aux autres sans laisser 
aux acteurs ou au spectateurs de la politique un seul instant de treve 011 
de repos. A la question d ' 0> ient avait succede la question italienne ; la 
question italienne ete remplacee par la question polonaise : l'affaire de 
Pologne absorbait encore les esprits, et void que surgissait la question da- 
noise, conflit restreint en apparence, mais oil toute l'Allemagne se pas- 
sionnerait, oil toute l'Europe prendrait parti, et ou se verrait, dans un 
cadre moins tragique, V image rapetissee de toutes les grandes violences 
qui s'accompliraient plus tard " (p. 468). 

M. de la Gorce is, therefore, giving us something more than the 
tragedy of the Second Empire ; he is in reality telling the history of 
western Europe during six important years of diplomacy and intrigue. 
In but one chapter is he upon the soil of France ; in the others he is in 
Mexico, Poland, and Germany, just as in the earlier volumes he spent a 
large proportion of time in the Crimea, Italy, Syria, and China. In the 
present volume he devotes a third of his space to the Mexican difficulty. 
This seems excessive, the more so inasmuch as many of the negotiations 
of 1866 are passed over with but little comment. It is a disappointment 
to discover Napoleon's dealings with Austria disposed of in a few para- 
graphs, and Bismarck's famous proposal of June 10 dismissed most sum- 
marily in six lines, particularly when we remember how much space was 
allotted to the movements of the French army from Vera Cruz to 
Mexico. 

On disputed questions M. de la Gorce is on the whole conservative. 
There is no evidence of partisanship in his attitude toward Germany, 
though he is severe in his judgment of Bismarck, and is inclined to depend 
on Benedetti ( Ma Mission en Prusse) and La Marmora ( Un Peu Plus de 
Lumiere) rather more than upholders of Bismarck will like. He acquits 
Napoleon of duplicity in 1866 and seems to accept his letter of June 12 
to Drouyn de Lhuys as a true explanation of the imperial policy ; and he 
explains Napoleon's concurrent negotiations with Austria and Prussia 
as due to the Emperor's avowed determination to preserve an even 
balance between the two powers that he might be competent after 
war had actually broken out to play the part of impartial mediator (p. 
614). 

As was the case with the earlier volumes so here we find no espe- 
cially authoritative utterance due to the discovery of any new material. 
M. de la Gorce has made no such contribution to history as have Stern 
and Von Sybel. He is a skillful and careful co-ordinator, using impar- 
tially and impersonally the extant printed materials and presenting his 
conclusions with exceptional lucidity and charm of style. His work de- 



Zevort : Histoire de la Troisicme Republique 133 

serves to be translated, for it will be when finished unquestionably the 
ablest history of the period from 1850 to 1870 that we possess now or 
are likely to possess in the near future. 

Charles M. Andrews. 



Histoire de la Troisieme Republique. La P residence de Jules Grevy. 
Par E. Zevort, Recteur de l'Academie de Caen. (Paris : Felix 
Alcan. 1898. Pp. 546.) 

This third volume of M. Zevort' s history of the French Republic 
covers the nine years of Grevy' s presidency, from January, 1879, to 
December, 1887. The period is less exciting, and to the general public 
less interesting, than those treated in M. Zevort' s earlier volumes, but to 
the student who wants to understand the real working of the present 
French government, it is far more important. The heroic period of the 
Republic had ended, and the enthusiasm that greeted its birth had faded 
into the light of common day ; but for that very reason the history of the 
time furnishes a genuine test of the existing political institutions. M. 
Zevort's work supplies, therefore, a real want, for it gives us a narrative of 
current politics under the Republic which cannot be found in a con- 
venient form elsewhere. It is not a philosophic study of the times, but 
a narrative of political events, a history of the succession of short-lived 
ministries, their struggles in the chambers, the measures they carried, and 
the causes of their fall. While the author lays a proper stress on the 
great laws on education, the press, public meeting, etc. , passed during 
the earlier years of this period, he may be criticized as being too con- 
scientious, as mentioning too many of the bills brought before the cham- 
bers. He has a little tendency to cram the book full of detail, and 
thereby injure its perspective, but while this makes the work somewhat 
less interesting to the general reader, it is none the less valuable to the 
student. 

Although M. Zevort is, on the whole, cautious in his judgment of 
men, he lets us see very clearly that he has not a high opinion of Presi- 
dent Grevy's character. He attributes the lack of party discipline and 
the consequent instability of cabinets in no small part to the President's 
jealousy of public men, and especially of those leaders who belonged to 
the same wing of the Republican party as he, and consequently whose 
political opinions were, on the whole, most nearly like his own. To this 
jealousy, M. Zevort attributes the failure of Gambetta to become chief 
of the first ministry after Grevy's election ; and, in his opinion, that fail- 
ure was a permanent source of harm. The real leader of the majority 
ought, of course, to be at the head of the ministry, and he thinks that his 
absence from that position made party discipline impossible. The Presi- 
dent's jealousy was not limited to Gambetta, and did not cease on his 
death, but extended to the leaders who succeeded him, and especially to 
Ferry, whom the author looks upon as the next greatest figure to Gam- 
betta in the Republican ranks. He thinks that Ferry did not have the 



134 Reviews of Books 

cordial support of the President, and that again, after Ferry's fall in 
1885, Grevy made matters worse by coquetting with the radical leaders, 
men who were themselves, from their traditional tone of mind, incapable 
of being at the head of the government. 

The book gives an excellent idea of French politics during the com- 
paratively quiet period intervening between the resignation of MacMahon 
and the rise of Boulanger ; but of course it was written from the outside 
and not from the inside. The descriptions of motives are in the main 
surmises, so far as they are not revealed by contemporary speeches and 
publications. This is not, however, a fault, because it is inevitable in the 
case of a history written so near the date of the events which it describes. 

A History of the Colonization of Africa by Alien Races. By Sir 
Harry H. Johnston, K.C.B. (Cambridge : University Press. 
1899. Pp. xii, 319.) 

Sir Harry Johnston is well known in colonial and geographical 
circles as an authority on the erstwhile Dark Continent. He has traversed 
it in North, South and centre ; he has served his government as consul 
and administrator ; he has been personally concerned in the making of 
some pages of its later history ; and he has written several works bearing 
on African subjects. The selection of his name by the editor of the 
Cambridge Historical Series was therefore justified on the ground of 
first-hand acquaintance with the theme. 

The scope of the present work includes a survey of colonization from 
the earliest times to the present. Africa before the Europeans is briefly 
sketched, followed by accounts of the Portuguese, Spanish and Dutch in 
Africa. The historian here turns aside to give a succinct narrative of the 
slave trade. Resuming, he follows the British through western and 
northern Africa, and after them the French. He again inserts a resume, this 
time of the Christian missions, returning to the British in southern Africa. 
The topic of exploration is rapidly handled, leading up to the colonizing 
activities of the Belgians, of the British in the East, of the Italians, of 
the Germans, and of the French in Madagascar. In conclusion the 
author takes an " outlook " of the situation, and attempts to forecast the 
continent's development. A supplement of recent events, a chronolog- 
ical appendix of leading facts, a bibliography, and an index complete 
the volume, which is illustrated by eight maps. 

It is possible that this arrangement is the best obtainable. No doubt 
there are considerable advantages in treating colonial evolution nation by 
nation. Yet unity of impression is certainly impaired, and some repeti- 
tion has resulted. Surely the record of the last twenty years might have 
been rendered more readable and instructive by considering it as a whole, 
and avoiding the abrupt breaks from British to French and back to British, 
Germans, and French. The truth is that the "scramble for Africa" 
since 1883 is an international subject of such surpassing importance that 
it is obviously entitled to a consideration apart, like the " Far Eastern 



Jones: Life and Work of Thomas Dudley 135 

Question" or the " Congress of Vienna. " As such an era the period 
has been well treated by Scott-Keltie in his Partition of Africa. 

Aside from the question of arrangement, the present volume shows 
evidence of wide reading in the literature of exploration and colonization. 
It is filled — well-nigh crowded — with facts. The reader has the feeling 
that no significant statement touching on African development has been 
omitted. The style is clear, if not particularly attractive. The writer's 
judgments are sane, and the tone is usually moderate. Sometimes a ref- 
erence to London interference in affairs colonial calls forth a display of 
feeling not unnatural from an actor in the furthering of British imperial 
designs. An occasional personal touch distinguishes the traveller and 
diplomat from the " arm-chair " student. The maps — an essential matter 
in a work of this nature — are necessarily small, but are useful in illustrat- 
ing the various political and ethnological " spheres. ' ' Volumes of African 
travel, adventure and campaigning are many • the list of strictly histor- 
ical books is short, and in it Johnston's manual will have an honorable 
place. 

Edmund K. Alden. 

The Life and Work of Thomas Dudley, the Second Governor of 

Massachusetts. By Augustine Jones. (Boston : Houghton, 

Mifflin and Co. 1899. Pp. xi, 484.) 

The biography of Thomas Dudley, the second governor of Massa- 
chusetts, by Mr. Augustine Jones, is a stout volume of 436 pages, aside 
from the appendix, and considering that Dudley left hardly anything 
behind him, the book seems, to say the least, ample for the subject. At 
heart, however, Mr. Jones is less concerned with the case of Governor 
Dudley than with that of the orthodox party of the Puritan Common- 
wealth, and he has mainly written to defend his heroes against their 
modern critics. Indeed there are few literary phenomena which mark 
more clearly the movement of modern thought than the change in the 
attitude of Massachusetts historians within a generation. Dr. Palfrey as- 
sumed as an incontestable truth that the founders of the Puritan Com- 
monwealth were, in all great and good qualities, raised above the standard 
of other human beings ; that they were, in fact, beyond criticism. Mr. 
Jones, on the contrary, is nervously alive to the carping spirit of his 
time, and is never tired of declaring that " there are indifferent citizens 
in the old Commonwealth who detra* t from the just merits of her heroes 
.... with every refinement of severity" (p. 429). 

Meanwhile, however, it is principally owing to this sensitiveness that 
Mr. Jones has made a readable book. He has chosen for his subject 
Thomas Dudley, who though of undoubted ability and determination 
has always stood as the representative of the ultra-clerical party, and 
has passed, moreover, for a man uncommonly sharp at a bargain and 
short in the temper. However this may have been, Dudley certainly 
became embroiled not only with all sorts of blasphemers and heretics, but 
with Governor Winthrop himself. 



J 



6 Reviews of Books 



Mr. Jones has gone at length into these quarrels and has collected 
some very entertaining gossip, which he has accompanied with a com- 
mentary. Evidently he feels, when dealing with those who gore his own 
ox, that John Winthrop himself was not free from that sanctimonious- 
ness which has been considered a Puritan attribute. "Dudley always 
began the trouble, as Winthrop related it ; he was the cause and effect 
of all the wrong" (p. 109). On one occasion Dudley questioned Win- 
throp's administration, whereupon "the Governor admits that he spoke 
'somewhat apprehensively.' The Deputy began to be impassioned and 
told the Governor, that, if he were so round, he would be round too. 
The Governor bade him be round, if he would, so the Deputy (Dudley) 
rose up in great fury and passion" (pp. 108, 109). Mr. Jones points 
out that in this dispute Governor Winthrop did not "appear at his best, 
even with the great advantage of being allowed to tell the story with no 
opportunity for the other side to be heard" (p. no). For, as Mr. 
Jones observes, the ministers who acted as referees sustained Dudley. 

Winthrop, on his side, found fault with Dudley as a usurer. " Here," 
as Mr. Jones sarcastically explains, "the generosity and patriotic, self- 
sacrificing character of the Governor appear in contrast with the selfish- 
ness of Dudley. He had already prepared us to expect this in his graphic 
picture of Dudley ' selling seven bushels and a half of corn to receive 
ten for it after harvest.' And so far as I have been able to learn, it is 
from these two passages that the false story of Dudley's stingy character 
originated" (p. in). Mr. Jones also falls foul of the anecdote that 
when Governor Winthrop was on his deathbed Dudley came to him and 
asked him to banish a heretic, which Winthrop refused, saying: " He 
had done too much of that work already." Mr. Jones declares the tale 
to be false, and furthermore says that even if true it only shows that Dud- 
ley did his duty, for if the governor were incapacitated the deputy-gov- 
ernor " ought not to be held up to the execration of the world in com- 
parison with the compassionate Winthrop, who, in health and vigor, 
having no veto power, would not have hesitated to execute the order of 
the court " (pp. 20S, 209). 

We regret to say that Mr. Jones does not enter into the Antinomian 
and Anabaptist controversies as fully as he might, nor does he deal with the 
case of Roger Williams in what seems to us a satisfactory manner. The 
inherent vice in most of the writing dealing with Massachusetts eccle- 
siastical history is its lack of sincerity. Down to the time of Dr. Palfrey, 
the perfection of the Puritan Commonwealth was accepted as an article 
of orthodox faith, much like the authenticity of the Scriptures. Within 
the last generation the Puritans have been subjected to criticism very 
much as the Bible has, and many of the old positions have been made 
untenable. The orthodox have thus been placed in a dilemma. Un- 
willing to change their attitude towards their ancestors, and unable to 
deny facts, they either avoid painful topics or resort to reasoning akin to 
paradox, as for example, maintaining that Roger Williams left Massachu- 
setts "solely on political grounds .... which had nothing to do with 



Collections of the Massachusetts Historical Society 137 

religious liberty" (p. 198). In our opinion neither the cause of the 
Puritans nor the cause of historical criticism is to be advanced by such 
methods as these. The founders of Massachusetts stand in no need of 
apology or defense. They were men of extraordinary power and vigor, 
who left England because their very strength made England uninhabitable 
for them. They came to America to rule, and, established in America, 
they maintained their sovereignty unflinchingly to the last. In this strug- 
gle they sometimes banished, starved, tormented and put to death their 
opponents, and in doing so they only did what all strong men have al- 
ways done when fighting for supremacy. Their descendants have con- 
sidered it an act of filial piety to represent them as a species of saints, 
whose actions were not regulated by the same causes which ordinarily 
control humanity. In fact, they were a generation devoured by the 
strongest and fiercest passions which can inflame the mind, and under the 
sway of those passions they acted as all men of like strength have acted, 
in all ages of the world, when their power has been imperilled, whether 
those men were Calvinists of the Scotch Kirk, or Episcopalians like Laud, 
or the Catholics of Saint Bartholomew — or heathen of the stripe of Taci- 
tus and Marcus Aurelius, who believed that property in Rome was threat- 
ened by Christian Socialism. 

Collections of the Massachusetts Historical Society. Sixth Series, 
Vol. X. ; Pepperell Papers. (Boston : Published by the So- 
ciety. 1899. Pp- xv b 7 2 9-) 

The contents of this volume are of the highest importance for the 
history of King George's War, and particularly for the crowning event of 
that war — the siege and capture of Louisburg — which the preface of the 
volume justly denominates "the most important military enterprise ever 
undertaken by the English Colonies in America." France had fortified 
Louisburg at an enormous cost. It was the richest American jewel that 
had ever adorned the French crown. Its situation for the protection of 
Canada was excellent ; and it formed at once an advantageous strategic 
point from which to harass the contiguous English- American colonies. 
Massachusetts and Nova Scotia in particular began to feel the destructive 
power of the French ; and the Bay government was virtually responsible 
for the preservation of the latter. 

William Vaughn, son of Lieutenant-Governor Vaughn of New Hamp- 
shire province, was, without doubt, one of the first to suggest an expedi- 
tion against Louisburg ; and he played a not uncertain part during its 
progress and in its successful issue. But to Gov. Shirley of Massachusetts 
Bay must be awarded the honor of the first official act in the matter. He 
urged it upon the various legislatures. Singularly enough, his own legisla- 
ture, after some hesitancy, agreed to the expedition by a majority of only 
one vote. Over four thousand men were raised by Massachusetts, New 
Hampshire and Connecticut. The names of many of them are printed in 
the New England Historical and Genealogical Register, Vols. XXIV. and 



138 Beviews of Aooks 

XXV. ; in a small volume recently (1896) printed by the state of New 
Hampshire ; in the appendix to the volume here reviewed ; and a list of 
the commissioned officers, from the registry in the British War Office, was 
printed by the Society of Colonial Wars, in connection with the 150th 
anniversary of the surrender — an ever memorable date, June 17, 1745. 
The historical sources of this famous event are given in detail in Winsor's 
Narrative and Critical History, and in Bourinot's special monograph on 
Cape Breton, printed by tbe Royal Society of Canada. 

Some of the official documents of these " Peppered Papers " were 
printed in the first volume of the Society's Collections, under the care of 
Dr. Jeremy Belknap, who had presented them to its archives in October, 
1 791 ; but the private letters were not included. The manuscripts were ex- 
amined by Dr. Usher Parsons for his Life of Sir William Pepperell, and 
Parkman used them for his Half- Century of Conflict. A moderate use of 
them was also made by a few other writers. They consist of Belknap's 
original bequest, supplemented by later additions from his representa- 
tives ; and a few have been added from other sources. Thus we have 
now presented in full, for the first time, a mass of matchless material of 
absorbing interest. The documents consist of a " Register of the Coun- 
cils of War," from April 5, 1745, to May 14, 1746, covering 64 pp. ; 
a "Copy Book of Orders," from June 20, 1745, to May 14, 1746, pp. 
67-98 ; military and private correspondence, arranged chronologically, 
from February 4,1745, to September 12, 1746, pp. 99-494; and an ap- 
pendix of rosters, agreements, accounts, sick-lists, deaths, etc., pp. 497- 
563. The volume also contains an exhaustive index (162 pp. ) to the ten 
volumes of the Sixth Series, but, unfortunately, the names in the appen- 
dix to the volume under consideration have not been included. 

The Christian names of many of the persons indexed are omitted, 
yet with little research most of them could be supplied. Ordinarily this 
is not very significant ; but in such a case as that of Capt. David Donahew 
the omission is more serious. Donahew, in March, 1745, having decoyed 
and captured three Indians who were in the French interest, learned from 
them that Annapolis Royal would certainly be besieged that spring. This 
was actually the case. The greatest mischief accomplished by the be- 
siegers, as stated by Mascarene (p. 230), was "the taking of two 
schooners coming from Boston with private stores." It is now known 
that they were the Montague, commanded by Capt. William Pote, and the 
Seaflower, commanded by Capt. James Sutherland. The details of the 
siege at Annapolis, as well as Donahew' s great services, are given in 
Vote's Journal, edited by the undersigned and published in 1896. Dona- 
hew's exploit in Tatmegouche Harbor contributed very materially toward 
the capture of Louisburg. Had he not intercepted this besieging army 
on its way to Louisburg, the New Englanders would have been, without 
doubt, greatly harassed by the reinforcements ; and the French governor, 
Duchambon, distinctly stated that the loss of this looked-for succor proved 
disastrous at a time when such help would have meant victory. Donahew's 
death is alluded to on p. 324. In the Pennsylvania Gazette for August 



Johnston: First Explorations of Kentucky 139 

8, 1745, it is detailed in all its horrors, on the authority of one of his 
own party. On p. 272, note, it is stated that Lieut. -Col. John Gorham 
"died in 1751 or 1752 ;" but we are able to state that he died in 1752 
(see Parker' s New York Post- Boy for March 30,1752). In a foot-note on 
p. 154 there is some speculation about a Capt. James Noble and a Lieut. 
James Noble. However, the former was a brother, the latter a son of 
Lieut. -Col. Arthur Noble, who was slain at Minas, January 31, 1747, dur- 
ing that unhappy affair. The son died of a fever at the age of eighteen, 
at Louisburg, September 26, 1746. The brother married, in 17 14, Jane 
Vaughan, sister of Col. William Vaughan. On p. 230 Mascarene's date 
of birth is given as 1684, but October, 1685, is the correct date. The 
earlier date would, in fact, not be favorable to the reputation of his 
parents, who were honest and suffering Huguenots. These notes, taken 
wholly at random, might be extended, but will suffice for the purpose in 
hand. 

The editor remarks in his preface that ' ' many of the letters bear 
abundant marks of having been written under unfavorable circumstances 
and in great haste." Well may this be ! Something of the conditions 
which prevailed may be gleaned from a document written at the time by 
Capt. Thomas Westbrook Waldron, and in our possession. He says : 
" We are all in a Crowd, besides, the Edge of a Board is my Chair, and 
a Quire of Paper my Table to write on. ' ' 

We take pleasure in commending the " Pepperrell Papers " to all stu- 
dents interested in the period to which they relate. They are indis- 
pensable. 

Victor H. Paltsits. 

First Explorations of Kentucky. Dr. Thomas Walker ' s Journal of an 
Exploration of Kentucky in 17 50, being the First Record of a 
White Man ' s Visit to the Interior of that Territory, nozu first pub- 
lished entire, with Notes and Biographical Sketch. Also Colonel 
Christopher Gist ' ' s Journal of a Tour through Ohio and Kentucky 
in 17 ji, with Notes and Sketch. By J. Stoddard Johnston, 
Vice-President of the Filson Club. [Filson Club Publications, 
No. 13.] (Louisville: The Filson Club. 189S. Pp. xix, 
222.) 

The propriety of including the Walker and Gist journals in the ad- 
mirable series of monographs issued under the name " Filson Club Publi- 
cations " is so obvious that one cannot help wondering why they come so 
late as No. 13, especially since No. 1 appeared as long ago as 1884. The 
answer to the question suggested is given, in part at least, by some facts 
that the editor of the volume states incidentally. The two journals, 
while valuable in themselves, find much of their interest in great facts of 
national and international concern that the editor sets forth with reason- 
able compass and clearness in his introduction and biographical sketches. 
The treaty of Aix-la-Chapelle had not long been signed, bringing to a 



140 Reviews of Books 



close the fourth of the struggles between Great Britain and France in 
North America and leaving the way open for the fifth one, when two 
great land-companies were formed in London, under royal charter, con- 
sisting mainly of Virginians, for the purpose of exploiting lands west of 
the Alleghenies and promoting settlements, as well as, in the case of the 
second company, of carrying on trade with the Indians. Early in 1750 
the Loyal Land Company sent Dr. Thomas Walker, whose residence was 
at Castle Hill, near Charlottesville, Va. , surveyor and man of affairs, as 
well as physician, into southeastern Kentucky to explore the region with 
reference to making advantageous locations of land. Later in the same 
year the Ohio Company sent the veteran woodsman Christopher Gist, 
whose home was in North Carolina, on the Yadkin, into the heart of the 
Ohio Valley for a similar purpose. Gist was also entrusted by Governor 
Dinwiddie of Virginia with some delicate duties in respect to the Ohio 
Indians. He made his way across southern Ohio as far as the Great 
Miami River, crossed the Ohio, plunged deep into the central part of 
Kentucky, and then made his way homeward through the eastern part. 
The first expedition lasted over four months ; the second one over six 
months. These explorers were the first white men to make careful obser- 
vations in those extensive regions and to report their results to the world. 
The business with which each was charged made it necessary for him to 
record what he saw ; hence the journals, which are interesting examples 
of the mental and literary habits of the best class of frontiersmen at the 
middle of the last century. Walker's journal remained in manuscript 
until 18S8, when the major portion of it was published by Mr. W. C. 
Rives ; the few leaves that were then missing have since been found, and 
the whole is now, for the first time, given to the reading public. Walker, 
by the way, must have been an ardent loyalist at the time of his expe- 
dition, or at least an admirer of the hero of Culloden, for he named for 
the royal duke the Cumberland Mountains and the Cumberland River as 
well as Louisa River for the duke's sister ; which, however, did not pre- 
vent his going, heart and soul, with the patriots in 1775. Gist's journal, 
which is the more interesting of the two, was published by Pownall in 
London in 1776, and again by W. M. Darlington in Pittsburg in 188S. 
The editor has prepared the two documents for the public with care 
and good judgment. He has carefully retraced the lines of travel that 
Walker and Gist followed, correcting some old errors as to Walker's 
path, and has liberally illustrated the texts with historical and geograph- 
ical notes. But good as the editing is in the main, it should in one par- 
ticular have been better. The editor should have told something more 
about the authority on which he accepts as historical the Wood Expedi- 
tion, said to have been made from the Appomattox to New River, an 
affluent of the Kanawha, in 1771. Mr. Parkman once said that this 
story was not sustained by sufficient evidence. Our editor gives three 
pages in his introduction to the expedition, merely referring for his au- 
thority to "the quaint journal of Thomas Batts, who was one of its 
members," but on a later page he says that the journal exists in manu- 



Trcvelyan: The American Revolution 141 

script in Colonel Durrett's library in Louisville, Ky. We shall hope that 
it is one of the "journals " of exploration west of the Allegheny Moun- 
tains that Colonel Durrett says in his preface the Filson Club has marked 
for publication. We could have wished, too, for some bibliographical 
notes in connection with the treatment of the Loyal Land Company, but 
we have nothing. And so with respect to the Ohio Company. If the 
original papers of this company are still in existence, there are those who 
would like to know the fact, and also to be told where they are ; but no 
matter whether they are in existence or not, we are entitled, in such a 
case as this, to some fuller indication of sources. 

Introductions, biographical sketches and appendices consisting mainly 
of minor documents accompany each journal as well as the commentary. 
In respect to ancillary documents that would illustrate the journals, we 
rate the work below Mr. Darlington's edition of Christopher Gist' ' s Jour- 
nals, already mentioned — a title that reminds us of the fact that Gist 
made two other exploring expeditions south of the Ohio besides the one 
here reported. Still the work is a valuable contribution to history, and, 
it is almost needless to say, appears in the sumptuous style that has 
marked the publications of the Filson Club from the beginning. Viewed 
from the safe distance of a century and a half, the simple transactions 
here narrated in the simplest manner may not seem to be important ; they 
did not indeed immediately hasten the enterprises upon which the two 
land companies had entered, but rather tended to defeat them ; but they 
did hasten transactions of such tremendous importance that, for the time, 
the two land companies, Walker and Gist, their plans and explorations 
were forgotten. Perhaps there are in our history no records of purely 
business undertakings that led more directly to results of cardinal im- 
portance, or more clearly demonstrated the close connection of business 
affairs with political and military history. 

B. A. Hinsdale. 

The American Revolution. By the Right Hon. Sir George Otto 
Trevelyan, Bart. Part I., 1 766-1 776. (London and New 
York : Longmans, Green and Co. 1899. Pp- x * v ' 434-) 
To the critic who demands correctness of historical proportion, it is 
something of a shock to find a history of the American Revolution be- 
ginning with a chapter on the gambling escapades and the youthful cor- 
respondence of Charles James Fox. While it is undoubtedly true that 
"the story of Fox between 1774 and 1782 is inextricably interwoven 
with the story of the American Revolution," it is less obvious that the 
history of this epoch requires so extensive a warp of the biography of Fox, 
as runs through the present volume. The explanation is furnished by 
the author, however, who tells us that it was impossible for him to con- 
tinue the biography of Fox, which he left but partly written eighteen 
years ago, without a broad survey of the whole field of English and 
American relations in the period of the war for independence. The 



142 Reviews of Books 

volume is thus an attempt at a biography of Fox and a history of the 
Revolution at the same time ; a distorted perspective was inevitable. 

This distortion, however, is not so great as the first chapter would 
lead us to expect. But the author's position, as the apologist of Fox, 
furnishes another peculiarity of the book ; it is an important reaction 
from the recent American tendency to state the English side of the case, 
in this momentous struggle between mother country and colonial de- 
pendencies. Trevelyan is distinctly as vigorous and thoroughgoing a 
critic of the policy of the English government as any of the earlier radical 
American historians of repute, who have dealt with the subject. In this 
respect the book is likely to exercise its most important popular influence. 
It is the most effective presentation of the fact that the struggle for in- 
dependence was in truth a phase of a struggle between two great English 
parties, fought out on both sides of the water : in the mother country in 
the forum, in the colonies on the field of battle. The general reader will 
find no stronger statement of the justness of the cause of the colonists 
than is embraced in this volume. Indeed, at times the author's party 
predilections and his admiration for things American seem to have led 
him to neglect some of the strong points in the government's side of the 
case. 

A third peculiarity of the book is likewise due to its biographical 
character. In no other history of the period are so clearly brought out 
the contrasts between the personalities of the leaders of the contest on 
either side of the water. The picture of American society which the author 
draws by his gossipy presentation of the traits and daily life of men like 
Franklin, the Adamses, Hamilton, Putnam, Greene and Washington fur- 
nishes a clever foil to the picture of contemporaneous high life in Eng- 
land, as revealed by the careers of Fox, the Duke of Grafton, George 
III. and his "friends," and all the pleasure-loving English statesmen, 
who " for a fox-chase quit Saint Stephen's dome," or 

"At crowded Almack's nightly bet 
To stretch their own beyond the nation's debt." 

It must be admitted that the portraits of the rival societies are done 
rather in the spirit of the raconteur than of the prosy historian, wlio 
attempts more thorough-going study of the rival civilizations ; and yet in 
spite of the conversational lightness of the tone, the chapter on Britain 
and her Colonies is not only immensely interesting, but is a valuable con- 
tribution. One of the most noteworthy defects in the view on the colo- 
nial side, is the lack of discrimination between sections in America. For 
example, it is spreading New England's type over too large an area, when 
the author declares that the children of what in Europe was called the 
lower class were ' ' taught at the expense of the township. ' ' The planter 
type of aristocracy nowhere receives adequate portrayal, nor are the aris- 
tocratic tendencies of the society of parts of New England and the middle 
section recognized. 

Aside from the social and economic factors, the author fails to give 



Trevelyan : The American Revolution 1 43 

any adequate account of the eighteenth-century legal, administrative, and 
political contentions between the authorities of the mother country and 
the colonies. Strange to say, the work of Chalmers on this subject, to 
say nothing of the material in the Public Record Office, has either been 
left alone, or rejected for the more appetizing personalities in the 
correspondence furnished by the Historical Manuscripts Commission, 
memoirs, etc. 

It is needless to say that this constitutes a grave limitation on the 
value of the book as a study of the origin of the war for independence. 
But it cannot be denied that it is delightful reading. It was a happy 
thought to contrast the men and measures of the Continental Congress of 
1774 with the general English election of that year. Here the author 
gives us a most helpful insight into the radical unlikenesses between the 
contending forces. Perhaps the chatty sidelights on the careers and 
characters of the soldiers and statesmen who fought out the opening 
period of the Revolution are the most characteristic features of the 
author's treatment. The phrase used by him in the opening paragraph 
of the first chapter, " epicure in history," is not an inapt description of 
some of his tendencies. Occasional overstatements are perhaps due to this 
love of the striking. Such for example are the affirmations that Ameri- 
can independence must result from the Boston massacre ; that the tidings 
of the burning of Falmouth and the news of the British intention to use 
German mercenaries by their simultaneous effect "killed outright all 
hope, or even desire of conciliation ; " and the comparison of Governor 
Hutchinson to Verres. 

Among the most interesting pages in the book are the sketches of the 
battle of Lexington and the battle of Bunker Hill. In connection with 
the latter, one is impressed with the author's tribute to the British valor 
on that day. 

" For they had that in them which raised them to the level of a feat 
of arms to which it is not easy and perhaps not even possible to recall a 
parallel. Awful as was the slaughter of Albuera, the contest was even- 
tually decided by a body, however scanty, of fresh troops. The cavalry 
which pierced the French centre at Blenheim had been hotly engaged 
but, for the most part, had not been worsted. But at Bunker's Hill 
every corps had been decimated several times over ; and yet the same 
battalions, or what was left of them, a third time mounted that fatal slope 
with the intention of staying on the summit." 

No less interesting is his tribute to Washington and his penetration 
into his military capacity. "On those rare occasions, ' ' he writes, ' ' when 
Washington had the means to assume the offensive, his action was as 
swift, as direct, as continuous, and (for its special characteristic) as un- 
expected as that of any captain in history. ' ' 

The volume brings the war down to the evacuation of Boston. No 
reader of the present work will be likely to await with anything less than 
impatience the continuation of this most interesting and in many respects 



144 Reviews of Books 

novel view of the great epoch of separation between the Anglo-Saxon 
people of America and England. 

Frederick J. Turner. 

Esek Hopkins, Commander-in-Chief of the Continental Navy during 
the American Revolution, 1775 to 177S, Master Mariner, Politician, 
Brigadier-General, Naval Officer and Philanthropist. By Edward 
Field. (Providence: The Preston and Rounds Co. 1898. 
Pp. xiii, 280.) 

The author's work in the sources of the history of Rhode Island en- 
titles him to attention. He now brings forward an interesting, illustrated 
biography of a man hardly known outside his native locality. Bancroft 
does not mention him, while Arnold treats the incidents of his career in 
their historic bearing, justly but with meagre interest. The more famous 
brother Stephen played an important part in Congress and was the im- 
mediate cause of the appointment of Esek Hopkins to organize and lead 
our infant navy. 

Ample material exists in the form of official orders, letters and other 
papers incidental to the unlucky life of the admiral. In the eighteenth 
century the life of the little colony was essentially maritime, taking into it- 
self the engrossing flavors of the sea. Her leading men were foreign 
merchants on the land or captains on deck of the craft, which plied to 
the West Indies, to the ports of Europe, and later to the Orient seas. 
Descended from Thomas Hopkins, one of the founders of Providence 
Plantations, Esek became a sailor and manifested great force of character, 
whether in peaceful commerce, or in the erratic venturesome course of the 
privateer. Moses Brown noted in 1757 that Captain Hopkins had cap- 
tured and sent in a snow " laden with wine, oil, Dry Goods, &c., to the 
amount of about ' ' ^6000. The four brothers Brown were rich and power- 
ful merchants, and Hopkins commanded their vessels, as well as others. 
He sailed everywhere, and was reported at Surinam in 1769. 

In the intervals of voyage, he was active in public affairs, though his 
restless nature would not let him stay long at home. He was upright 
and sincere, being honored as a school-committeeman, fireward, tax as- 
sessor and deputy, or representative as we should say. He was aggres- 
sive in speech and carried the abrupt manner of the time from the quarter- 
deck into private life. These tendencies increased with his years and 
helped to magnify the troubles of his later life. 

Although such training would not fit or develop a commander of any 
navy in 1899, it was the best to be had then. When the matter of a fleet 
came before Congress, Rhode Island led the way. Her plan was adopted 
after much discussion and violent opposition. " Little Americans " were 
as active when our country was small, as they are now when it has be- 
come great. Chase of Maryland said in 1775, "it is the maddest idea 
in the world to think of building an American fleet, its latitude is wonder- 
ful, we should mortgage the whole continent." When we consider the 



Hunt: The American Passport 145 

triumphs of the descendants of this fleet, Hull and Decatur, Farragut and 
Dewey, we may wonder at the small prescience, which often possesses 
statesmen. 

Stephen Hopkins was placed on the Naval Committee, in conjunction 
with John Adams. They were the most influential members. Esek 
Hopkins was appointed commander-in-chief and organized the little 
squadron of eight vessels. The first expedition to New Providence was 
thoroughly successful. He then engaged the British in eastern Long 
Island Sound, and was at first commended. The frigate Glasgow escaped 
through no fault of the American officers, and the country condemned 
them without reason. 

Unfortunately, Hopkins with his fleet was shut in Narragansett Bay, 
when the enemy occupied Newport. Sailors were so scarce he could not 
man his ships to get out. The merchants of Providence were engaged 
in privateering and Hopkins charged that they were too busy in getting 
recruits for their vessels away from the navy. He had a great faculty for 
making enemies. Though he was a brave man and true patriot he was at 
last deprived of his command. 

Mr. Field has made a needed addition to the literature of the Revo- 
lution, and one worth the attention of students. 

Wm. B. Weeden. 

The American Passport, its History and a Digest of Laws, Rulings, 

and Regulations governing its Issuance by the Department of 

State. [By Gaillard Hunt.] (Washington : Government 

Printing Office. 1899. Pp. xi, 233.) 

This valuable manual, a pioneer work, has been prepared by Mr. 
Gaillard Hunt, the accomplished Passport Clerk of the Department of 
State at Washington. It is neatly bound in cloth, and contains a table 
of contents, an index, marginal notes and a running caption. The paper 
and type are very attractive. 

The ordinary passport, a document issued in this country by the 
Secretary of State, and abroad by our legations, is, in effect, a request to 
other governments to admit to their territories the bearer, a citizen of 
the United States, and to give him, in case of need, aid and protection. 
Though many countries do not now require the production of passports, 
others still exact them from travellers, and especially from sojourners. 
About twelve thousand of these documents are issued every year by the 
Secretary of State, not to mention the number of those procured abroad, 
and that officer considers it a wise precaution, if not a necessity, for all 
American travellers to carry them. 

Part I. of Mr. Hunt's volume tells of the nature and several kinds of 
passports, their form and pictorial features, and by whom and upon what 
evidence issued. 

A passport is obtained from the Department of State by one of our 
citizens upon filing a proper application — blank forms being supplied by 
vol. iv. — 10. 



1 46 Reviews of Books 

the Department — subscribing the oath of allegiance, and paying a fee of 
one dollar. Its duration was fixed in 1873 at two years. It is now the 
rule, instead of granting a renewal of the passport at the end of that 
period, to require an application for a new one. 

Part II., which contains a full and admirably arranged digest of the 
laws and decisions relating to the issuance of these documents, shows, 
among other things, how many perplexing questions arise concerning 
citizenship. Our courts hold many persons to be citizens to whom our 
executive officers cannot issue passports. Not to speak of those who, be- 
ing neither white persons nor Africans, are occasionally admitted to citi- 
zenship in disregard of the statute, nor of those whose papers show that 
they were prematurely or irregularly naturalized, there are many whose 
applications for passports must be denied, because, though for some pur- 
poses citizens, they cannot be effectively protected by our government, 
or because they must be considered as having abandoned their citizenship 
for purposes of protection. A foreign woman who has married one of 
our citizens, but who has always continued to reside in the country of 
her birth, may have dower in her husband's property in this country, 
but she will not be entitled to an American passport, on account of the 
possible rival claim of the sovereign in whose jurisdiction she has re- 
mained. 

We advocate the right of expatriation, but no law of ours defines 
what shall constitute a renunciation of nationality. Undoubtedly the 
Department of State would have raised every presumption in favor of the 
conservation of American citizenship, had native citizens alone been in- 
volved. But naturalization has been sought here by many to be used as 
a protection from obligations of citizenship in their own countries, to 
which they hasten to return as soon as they are made American citizens. 
Their conduct has made necessary the adoption of harsh rules of pre- 
sumption concerning the abandonment of citizenship, which are applica- 
ble, with few exceptions, to all Americans residing abroad, whether 
native or naturalized. It may be asked : Why not distinguish between 
the two classes of citizens, as the English do, in issuing passports? Be- 
cause an act of Congress expressly provides that all naturalized citizens, 
while in foreign countries, shall be entitled to and shall receive from this 
government the same protection which is accorded to native-born citizens. 
Practically the same form of passport is, in consequence, issued to both 
classes. 

E. I. Renick. 



Rhode Island and the Formation of the Union. By Frank Greene 
Bates, Ph.D., Assistant Professor of History in Alfred Univer- 
sity. [Columbia University Studies in Political Science, History 
and Public Law, Vol. X., No. 2.] (New York. 1898. Pp. 220.) 
The drift of each of the original states into the Union has a peculiar 

interest. AVhat led to hope and confidence in one colony aroused fear 



Bates: Rhode Island and the Union 147 

and distrust in another, while different sections in the same colony op- 
posed each other on the question of federal organization. Keen as was 
the interest in many places at the time, its common height was reached 
when Rhode Island, last and least of the thirteen, stood apart from her 
sister colonies in solitary independence. Why was it ? Would she re- 
main so? What would be the result, both as to her and the Union? 
Such were the questions which stirred the country, and the study of her 
position during those two-and-a-half eventful years still claims attention. 
It has received close scrutiny in the volume before us. A son of Rhode 
Island, Professor Bates had the advantage of a knowledge of the people, 
which gave insight into their traditions and characteristics, and of an 
education outside of its borders, which led to an impartial search for the 
motives by which they were impelled. The result is a full, fair and plain 
statement of facts, drawn from all available sources, glossing nothing, but 
showing how rural towns were led long to oppose and finally to accept 
the necessity of a national government. Rhode Island was not, in this 
respect, greatly different from several of the states, but it was hampered 
by peculiar conditions, whose causes and effects are carefully explained. 

Beginning with a sketch of the settlements and their development, 
Dr. Bates points out their distinguishing traits of independence and re- 
ligious freedom as those which had a permanent influence upon the united 
colony. The special conditions at the adoption of the federal Constitu- 
tion brought results like those in our own time, when financial troubles 
have divided agricultural and commercial sections. Thus the towns 
pulled apart and gave way to bitter strife. There was no established 
church, as in other colonies, to unite the people around a common cen- 
tre, and hence political difference became the more intense. 

While it is quite true that most of the paper-money party opposed 
the Constitution and that it formed the nucleus of the Anti-Federal party, 
it does not follow that the opposition was based upon an adherence to 
paper money, for, in all the colonies, even where economic heresies did 
not prevail, there was much distrust of the new Union, and in Rhode 
Island men differing on that question were found for and against the Con- 
stitution. The author gives undue prominence to that issue, then prac- 
tically dead, by leaving an impression that it blinded the colony to its 
patriotic duty. There were other ample grounds for hesitation. In an 
untried scheme, the smallest eolony might well be fearful for her inde- 
pendence, in so close a union with more powerful colonies. She de- 
manded guaranties. Above all, it was feared that the principle of 
religious liberty, on which the colony was founded, might be overthrown. 
But after the assurance of the first and tenth amendments, removing all 
fear of an established religion and of usurpation by the central govern- 
ment of rights not granted by the states, Rhode Island speedily accepted 
the Constitution. Certainly it was not a lack of patriotism that delayed 
her. In acts of independence and resistance to British authority she had 
been in advance of a ther colonies. All this is recognized by the 

author, but not so strongly relied on as it might be. He draws his con- 



1 48 Reviews of Books 

elusions from the signs of the times with rigid strictness. It is an in- 
teresting study and admirably unfolded. A copious and helpful biblio- 
graphy is added. T TT c 
l J John H. Stiness. 

The Jacksonian Epoch. By Charles H. Peck. (New York : Har- 
per and Brothers. 1899. Pp. viii, 472.) 

This is a plainly told and interesting account of our politics from 
Jackson's victory at New Orleans in 1815 to the Democratic defeat in 
1S40. The public history of that quarter-century in the United States 
has so often been told, both generally and in minute detail, and has been 
lighted up by so much biographical industry, that it would be difficult 
indeed for anyone to change the distinct and probably permanent 
picture of it which we already possess. Conscious, no doubt, of this 
difficulty, Mr. Peck has sought an original treatment of the period, as a 
Jackson-Clay " epoch," in a separation of the careers and rivalry of the 
two leaders and of the causes with which they were concerned from the 
continuity and generality of our history. He has, besides, hit upon the 
device of an account of public events which shall be more biographical 
than history and more historical than biography. But the difficulty with 
this is obvious, that the result must likewise be less historical than history 
and less biographical than biography. Although it escapes one limitation 
of each, it does not reach the complete and artistic result of either. In 
the general method necessary to the treatment of a political epoch, per- 
sonal details quite suitable for biography, but irrelevant and uncharacter- 
istic for history, have a forced and distracting effect. The reader finds 
it a wrench to be suddenly carried from disquisition or narrative of an 
epochal character to genealogical particulars about a political leader. 
The author's faculty for writing history includes so much clearness 
and fairness, that it is not, perhaps, ungracious to express the hope that 
he will hereafter give us an important work written under no obligation to 
a theory the seeming novelty of which must be open to suspicion in so 
old, so very old, a field. Let us have biography or let us have history, 
each remaining itself, though calling upon the other for appropriate and 
subordinate help. 

Mr. Peck is broad in sympathy and liberal in judgment. He scrupu- 
lously sums up the material facts ; and if his conclusions need correction, 
his reader is helped to make it. He sketches Jackson, Clay, Calhoun, 
Van Buren and Benton in lifelike fashion ; and he generously judges 
them all. Such generosity is, no doubt, essential to truth when one 
deals with the career of a man crowded by the exigencies of public life, 
amidst which the precarious and threatening inconsistencies of effective 
public opinion although they cannot always be resisted, must neverthe- 
less be skillfully avoided, if there is to be that practical result by which 
alone statesmen are judged even at the bar of impartial history. 

It is difficult, however, to agree with the author's comparative estimate 
of Jackson and Clay which, no doubt, is the piece de resistance of his 



Peck : The Jacksonian Epoch 1 49 

work. He follows much too closely for the robust truth of history the 
academic and conventional traditions which have come to us from the 
cultivated classes of a half-century ago. He declares Jackson's "emi- 
nence" to be that of a " chance instrument "; while he puts Clay in the 
category of men who, if they had lived in other days or amid other sur- 
roundings, would, in place of the notable things they did do, have done 
other notable things. This class he illustrates with Shakespeare, Newton, 
Burke, Franklin and Hamilton. Surely there have been "mute inglori- 
ous" Newtons and Burkes and Hamiltons as well as Miltons. If the 
author's account of Jackson be correct, as we believe it to be, it is diffi- 
cult to assent to the conclusion that his case differs from that of Clay in 
the certainty of his obscurity had his time and environment been different. 
We are told that his personality was " potent," his natural temper " ter- 
rible and overpowering" and his spirit one of "fearless independence"; 
that, in spite of wretched education, he gained influential standing as a 
lawyer and the "lion's share" of civil business — and this within the very 
first years of his manhood; that, as a commander, he had "appalling 
energy and celerity" and a "truly high order of combative military 
genius"; that, although his tactics were remiss for some time before the 
British landed below New Orleans, he nevertheless, when the danger was 
at hand, " filled the torpid populace with enthusiastic vigor" and won his 
famous victory by " his genius for combat "; that in political life he made 
' men of sagacity and ability" his " chief counsellors" and that " for the 
most part the policy he was compelled (why ' compelled ' of Jackson 
more than of other political leaders?) to pursue deserves greater credit 
than belongs to that of the opposition"; that " he was in all things 
entirely direct and ... free from cant and pretension"; that "no one 
thought him venal and few thought he had any moral obliquity"; and 
that, during a long and conspicuous career, he induced " by his dreadful 
independence, directness and force. . . .a large majority of the people to 
believe that he fully understood what he was about and was sufficiently 
right in his course." 

This comes tolerably near to the picture of a great man, an 
Agamemnon of democracy — even if his faults were great or barbarous. 
The author's own account of the campaign against the Bank would give 
Jackson a foremost place as a politician if not as a statesman ; and his 
judgment in that famous struggle is sustained by the general approval in 
our day of the divorce of government from banking. The author might 
well have inferred — even if the trait had not again and again been ob- 
vious — that underneath Jackson's reckless and impassioned bearing there 
dwelt astuteness, a true persistence which accomplished the results of 
patience, and a highly correct power of observation. That all of his 
faculties would, in every other age or environment, have remained in 
commonplace mediocrity does not seem probable. 

The description of Clay is accurate, with his charm and eloquence 
in democratic advocacy and his delightful and sometimes exalted senti- 
ment. The author on the other hand points out, and quite as clearly, 



150 Reviews of Books 

the absence, at least during the Jackson-Clay epoch, of the far-seeing 
and firm policy, and the adhesion to some sound principle, intellectual or 
moral, which belongs of right to every statesman of the first rank. We are 
shown Clay's faults in his treatment of critical matters. Mr. Peck declares 
the attack upon Jackson's Florida campaign to have been " the most 
calamitous and far-reaching of Clay's political mistakes." Clay's de- 
feat of the re-charter of the U. S. Bank in 181 1 was, he tells us, "a 
serious misfortune to the country," which Clay "soon regretted," him- 
self becoming the chief advocate of the later attempt at re -charter. 
The rejection by Clay and his associates of Van Buren's nomination to 
the Court of St. James is condemned as "an electioneering episode" 
advantageous only to the men and causes Clay opposed. Clay and 
Webster are pronounced responsible for the defeat of the re-charter of 
the Bank and the woes it brought their own party by their refusal to per- 
mit modifications in the bill which were approved by the Bank and ac- 
ceptable to Jackson ; and this refusal is declared to have been a political 
manoeuvre for which, when it failed, there was no excuse. Whatever 
greatness is to be accorded Clay, it is clear, belongs not to his career 
and achievements in the rivalry with Jackson, but rather to his services as 
the "great pacificator." In the Missouri Compromise, and thirty 
years later in the Compromise of 1850, "the leading principle of his 
statesmanship " was " to solve the present and urgent problem in a way 
to preserve and expand our nationality on the existing basis." What 
measure of greatness belongs to those services, upon which must rest his 
best permanent fame, is, however, a question hardly within the limits of 
the Jackson-Clay epoch. 

In these days of busy men and many books, the absence of an index is 
just ground of complaint at least against the publisher of this work. 

Edward M. Shepard. 

The Life of Henry A. Wise of Virginia, 1 806-1 876. By his 

Grandson, the late Barton H. Wise. (New York : The Mac- 

millan Co. 1899. Pp. xiii, 434.) 

The life of Henry A. Wise is an admirable piece of work. It is 
done with affection, sympathetically, yet it is thoroughly judicial. The 
author, like his subject, loved their mother state Virginia, yet he speaks 
of her without provincialism. 

Henry A. Wise was by long descent a Virginian — he was, as he put 
it, intus ct in cute a. Virginian. He went to Washington College in Penn- 
sylvania, but studied law with Judge Henry St. George Tucker, at Win- 
chester. He practised law at Nashville, Tennessee, but soon returned to 
settle down where he was born, on the so-called Eastern Shore of Vir- 
ginia. In 1833, at the age of twenty-seven, he was elected to Congress 
from a district which included a number of old counties on both sides of 
the Chesapeake, and sat continuously for eleven years. He then resigned, 
to be sent as minister to Brazil. Then for ten years he practised law. 
Of the Virginia convention of 1850, which reformed the state constitu- 



Wise: Life of Henry A. J Vise 151 

tion, he was a leading member. Nominated for governor by the Dem- 
ocrats, to oppose the Know-Nothing party in 1855, he made a remark- 
able canvass of the state, travelling three thousand miles and using up 
over four months, and was elected by a substantial plurality. During 
his term of office occurred John Brown's raid at Harper's Ferry and his 
execution. In the state convention of 1861 which decided the attitude 
of Virginia to the federal government, in the issue of civil strife, he was 
a member of the committee on federal relations. On the breaking out 
of civil war, he entered the Confederate service as a brigadier-general. 
The last years of his life, ending in 1S76 at three-score and ten, were 
spent in the practice of law at Richmond. 

Thus this readable biography of Governor Wise is very largely an in- 
dex to the history of Virginia during the very important period when a 
long struggle in the state was ended by the adoption of a modernized 
constitution, when the greater struggle between state sovereignty and the 
powers of the federal government came to an issue, and Virginia had to 
decide her place. The old aristocratic features of state and local govern- 
ment in Virginia had largely been done away after the Revolution, but 
the growth in population of the central and western portions of the state, 
from the fertile Piedmont to the Ohio, soon brought about the condition 
when, with representation in the legislature by counties, the old and 
small tide-water counties could entirely outvote the greater population 
west of them. The interests of East and West appeared to differ. The 
West wished internal improvements and the East was loath to shoulder 
its burden of expense for them. Slave labor belonged almost exclusively 
to the East. In the state convention of 1829 only one man from the 
tide-water region favored a change to representation based on white man- 
hood suffrage alone, and the bitter struggle between the sections of the 
state ended in a compromise which merely put off the final settlement. 
Mr. Wise began his political life under the influence of Andrew Jackson 
and his party, and remained always a Democrat in his belief in the peo- 
ple. He pleaded consistently and earnestly for Virginia to arouse with 
the spirit of the age and recognize that the real interests of all her peo- 
ple were the same. In an address to his constituents in resigning from 
Congress he had urged an increase in taxation to promote public schools. 
When another constitutional convention was finally secured in 1850 he 
announced himself as a candidate for election, from the Eastern-Shore 
counties, on a clear-cut platform, and was elected, though the fact that 
the other delegate was a "mixed-basis man " shows that Wise's success 
was largely due to his popularity among his people. In the convention 
he became a leader, single-handed from the extreme East, of the western 
party, in favor, as he said, of free and universal education, suffrage and 
representation. While his party did not secure all it wished, it practic- 
ally won the victory. 

Touching relations of a state to the federal Union, the people of Vir- 
ginia, however their distinctive school of politicians had taught extreme 
state's rights, were overwhelmingly opposed to secession. But they were 



1 5 2 Reviews of Books 

a unit in denouncing abolitionism and in demanding the protection of 
property, in slaves as in any other form of it, everywhere. Mr. Wise 
wrote in 1855, ; ' I shall urge the preparation of the state for events 
which are casting their substance, more than their shadows, before them." 
Yet he hoped that war might be averted by some joint action of the 
Southern states, and the next year, as governor, tried in vain to bring 
about a conference of all their executives (except those of Kentucky and 
Missouri, who were not Democrats) to consult upon " the state of the 
country, upon the best means of preserving its peace, and especially pro- 
tecting the honor and interest of the slave-holding states." The Vir- 
ginia convention of 1861 brought together the leading men of the state. 
Mr. Wise's notion was, if resort was had to arms, that Virginia and other 
states in sympathy with her, keeping the Stars and Stripes, should fight 
as defenders of the Constitution against the usurpations of the Federal 
Government. Revolution, not secession, was the remedy he wished, if 
extreme remedies were necessary ; but he became tired of the conserva- 
tism of the majority of the convention and voted with the minority for 
Virginia to " resume her delegated powers." On Mr. Lincoln's call for 
troops, old Whigs in tears joined the minority, and the convention was a 
unit save for a few men, who could be counted on one's fingers, from the 
extreme West. The words which Mr. Wise had spoken in Congress, 
twenty years before, of nullification in 1832, then became true of Vir- 
ginia east of the mountains : " That if war had begun, every Union man 
of Virginia would have been a Southern man. No standing army would 
ever have crossed her lines to do battle against a sovereign state, without 
first fighting her sons of every faith at every pass where volunteers could 
have made a stand." 

However we may be perplexed by various expressions about sover- 
eignty which Wise used, although we may believe his views of African 
colonization to have been puerile, and despite the charges of inconsist- 
ency in politics brought against him, all must admire his frequent bril- 
liancy, his independence, his untiring energy. He began a Jackson 
Democrat, yet he would not follow his magnetic leader and friend every- 
where ; he worked hard for Buchanan's election yet he repudiated the 
Lecompton constitution of Kansas because it did not represent the will 
of the people of Kansas ; he bestirred the Virginia militia after John 
Brown's raid, but his letter on a proposed scheme of settling Northern 
whites in Virginia was calm and sensible ; an extreme Southern man for 
protection of slave property under the Constitution as interpreted by the 
Supreme Court, he worked hard when minister to Brazil for the enforce- 
ment of laws against the slave trade — he would not see the Stars and 
Stripes chartered or sold for the uses, to quote his words, of an infamous 
trade. " I never," he once said, "was afraid to differ with my consti- 
tuents or to tell them I differed." General Lee, when about to sur- 
render, gave to Wise, then a major-general and remembered by North- 
erners as the man who had hung John Brown, an opportunity to leave 
Virginia, but Wise preferred to surrender, to stay with his people and 



Force : General Sherman 



D6 



to help to build up his fallen state. His letters and addresses after the 
war were marked by the same spirit. " I would not enslave the colored 
people again if I could," he said ; "I am more than convinced now 
that slavery is so great a national weakness if not wickedness that it 
should never be tolerated by any people who would themselves be free." 
So he came to feel that the war, inevitable, had been providential. As 
he worked hard, an old man, for his daily bread, so he urged young Vir- 
ginians to be high-minded and generous, as their fathers had been, but 
to be just before being generous and to rejoice in the necessity of toil. 
He had been left an orphan at the age of six and spoke of himself as a 
self-willed boy. Through life he was impulsive. Noticeable for his 
abstinence from liquor, at a time when drinking was common, he was 
yet intemperate in the use of tobacco. His chief faults, to the world, 
were his lack of balance, his intemperance of speech. 

In reading this life of Wise and its touches of Virginia history, our 
horizon of thought constantly widens ; and we feel afresh that without 
the careful study of local conditions, the history of a nation cannot be 

written justly. T ti ^ 

J J Jeffrey R. Brackett. 

General Sherman. By General Manning F. Force. [The Great 

Commanders Series, edited by James Grant Wilson.] (New 

York: D. Appleton and Co. 1899. Pp. ix, 353.) 

General Force was one of the best selections that could have been 

made from the leading officers of the Army of the Tennessee to write the 

history of General Sherman. An excellent officer, a close student of the 

war, a clear and fair writer and an intimate friend, he was well equipped 

for obtaining the needed material and using it with effect. It is a matter 

for serious regret that ill health compelled him to commit the writing of 

the important chapters upon the Atlanta Campaign, the Development of 

the March to the Sea, and the Post-Bellum Period to Gen. J. D. Cox, 

since the latter has in these chapters repeated certain material errors to 

which he has heretofore committed himself in his writings. 

The period of General Sherman's life before the war is necessarily 
presented by General Force in compact form, but it is the most successful 
effort of the kind yet made. The same may properly be claimed for the 
chapter on the beginning of the war. In this Sherman's brilliant con- 
duct at Bull Run is brought out in new light, a single sentence telling 
the story, that of the entire Union loss of " 4S 1 killed and 1 1 1 1 wounded, 
Sherman's brigade lost in killed and 205 wounded." 

The chapter on the battle of Shiloh is the most thorough study of 
that engagement yet printed. The author admits that "General John- 
ston marched his army out of Corinth, and on Saturday deliberately put 
it into campj, arranged in lines of attack, within a few miles of the 
National picket lines without any one in the National camp having a 
suspicion of that fact, though there were some who were satisfied there 
was a large force in front. ' ' The case is summed up in this quotation 



154 Reviews of Books 

from General Rawlins : " We did not expect to be attacked in force that 
morning, and were surprised that we were, but we had sufficient notice 
before the shock came, to be under arms and ready to meet it." Those 
who have heretofore contended that the enemy ran over the Union camps 
while men were still asleep in their tents or at breakfast, will be surprised 
at the strength of the evidence which the author brings from the records 
to show " that no camp was entered before nine o'clock, and, excepting 
Prentiss's, none was entered before ten o'clock; and, further, that no 
camp was entered before a serious engagement in which the assailants suf- 
fered repulse before prevailing." The map of the battlefield does not 
agree in important locations of troops, either with the map adopted by 
Grant, or the one filed by Sherman with his official report. It does not 
clearly bring out the fact that in the occupation of Pittsburgh Landing 
the troops were camped with little regard to either main or supporting 
lines of battle. The other maps of the volume are sufficient for the full 
explanation of the text. 

The story of the operations upon the Mississippi about Memphis and 
Vicksburg is clearly told, and Sherman's part effectively presented. 
Being Grant's greatest strategic campaign, the subject well deserves a 
volume. It is treated, however, by Gen. Force as well as the space at 
his command would permit. 

The narrative of movements in the three days' battles about Chatta- 
nooga is alive with interest. It perpetuates, however, several very material 
errors which have been often corrected by the official record. A reader 
would suppose that Gen. Sherman successfully executed his orders to 
carry the north end of Missionary Ridge to the railroad tunnel — this 
being the key-movement of Grant's plan of battle. On the contrary, 
through a failure to make reconnoissance, he occupied instead a detached 
range of hills without opposition. The next day, the enemy having in 
the meantime occupied the ground in force, he was unable to carry the 
desired point, though fighting desperately to attain it. The ancient as- 
sertion is repeated that the enemy's centre, fronting the Army of the 
Cumberland, was depleted to strengthen the combination against Sher- 
man, while as a matter of fact, not a soldier or a gun went from that 
centre towards Sherman during the battle. This misconception arose 
from the movements of the troops which had occupied Lookout Moun- 
tain the day before, being transferred during the forenoon to Bragg' s ex- 
treme right near Sherman. The credit of planning the Brown's Ferry 
operation for opening the line of supplies is given to Gen. W. F. (Baldy) 
Smith, when the official records show conclusively that the plan was 
formed by Gen. Rosecrans, before Gen. Smith reached the western army. 
To the latter officer belongs the credit of arranging the details, and bril- 
liantly executing the movement when it was committed to his hands. 

Gen. Cox, in scholarly form, sets forth the multitudinous movements 
of the Atlanta campaign in clear outline. But he obscures Gen. Sher- 
man's failure to promptly turn Johnston's position at Dalton, by a move- 
ment in force to the rear of it by way of Snake Creek Gap, which was 



McCall : Thaddeus Stevens 155 

early discovered to be unoccupied, and through which Gen. Thomas 
urged that he might throw his army. Gen. Cox also defends the assault 
on Kennesaw Mountain at considerable length. This, beyond question, 
was a grave blot on the long campaign to Atlanta. On this point, in 
opposition to Gen. Cox's view, it is sufficient to say that Gen. Thomas, 
Gen. McPherson, and Gen. Schofield, the three commanders of Sher- 
man's armies, strongly condemned the assault as needless, as did also 
most of the corps commanders. 

In treating of the Development of the March to the Sea General Cox 
ignores the fact, now fully made known by the discovery and printing in 
the War Records Atlas of General Grant's map sent to General Sherman 
before the Atlanta campaign began, which map demonstrates that General 
Grant originated a march to the sea to follow the capture of Atlanta. It 
is true that Sherman's plan differed from Grant's in that the latter con- 
templated the preliminary defeat of Hood's army. 

General Force gives an excellent account of the March to the Sea, 
and the subsequent wonderful campaign through the Carolinas, but 
touches very lightly upon the wholly unnecessary escape of Hardee with 
his ten thousand from Savannah, which caused such sore dissatisfaction at 
Washington. Again, the reader does not receive any impression of the 
fact that Sherman's army was in great peril of being defeated in detail in 
its closing battle at Bentonville. The chapter by General Force on the 
Sherman terms for Johnston's surrender is the best account in condensed 
form yet published. It fails, however, to take note of the fact that those 
terms, in nearly all their essentials, were drafted by John H. Reagan, the 
Confederate Postmaster-General. His original draft of these terms has 
been in the possession of the War Department since the close of the war. 

It is the final chapter by General Cox, entitled Post-Bellum, which 
will cause the student of the war to most sharply regret that General Force 
had not been able to write the entire volume. While it might not have 
been more readable, it would have been free from insidious efforts to sus- 
tain previous unfair estimates of General Thomas by private letters which 
will not stand the test of the official records. It is unfortunate that a 
volume so entertaining, and excellent in the main, and especially that so 
interesting and valuable a closing chapter should be marred by such errors 
as have been pointed out in this brief review, and which a competent edit- 
ing with the open official record at hand would so easily have avoided. 

Thaddeus Stevens. By Samuel W. McCall. [American States- 
men.] (Boston and New York : Houghton, Mifflin and Co- 
1899. Pp. vi, 369.) 

If there is ground for supposing that the editor of the " American 
Statesmen" series had to cope with certain doubts and questionings 
before including Stevens in the list of subjects, it is beyond all contro- 
versy that the result has vindicated the wisdom of his decision. Mr. 
McCall has produced as judicious and useful a volume as any in the 
series. 



1 5 6 Reviews of Books 

This success has been achieved through a somewhat unusual concep- 
tion of a biography. The first sixty-eight years of Stevens's life are but 
scantily treated, while the last eight — 1S60-1S6S — are made to bring 
him within the category of statesmen. In the long prelude to this final 
period Stevens appears as an able and successful lawyer, a shrewd but less 
successful business man, and a politician of little reputation save for 
partisan bitterness. Through anti-masonry, anti-Jacksonism and anti- 
slavery, he passed ultimately into the Republican party, and in the ac- 
cession of that party to power found the opportunity for the display of 
his peculiar endowments on a national scale. Prior to this time he had 
served some years in the legislature of Pennsylvania, and three terms in 
Congress. Except in connection with the promotion of free schools in 
his state, he had been identified with no great project of public policy, 
and in Congress he had exhibited his ability only as the most violent of 
the anti-slavery extremists. 

Upon the organization of the Thirty-Seventh Congress, in July, 
1 86 1, Stevens was made chairman of the committee on ways and means 
and thus became leader of the majority in the House of Represen- 
tatives. This leadership he retained throughout the Civil War and the 
decisive phases of the reconstruction. As to his qualifications for the 
task of driving through under whip and spur the constructive legislation 
required by the crisis of our national life, the records leave no room for 
doubt. His contempt for discussion when the emergency required action 
was no less conspicuous and no less effective than that of the recently 
retired Speaker of the House. As a parliamentary leader Stevens estab- 
lished his reputation on an unassailable foundation. But statesmanship 
stands on rather a different basis. Devising policies calls for a different 
order of intellect from that displayed in passing bills. Mr. Mc Call's discus- 
sion tends often to obscure the distinction between Stevens and the commit- 
tees of which he was chairman, and to ascribe to him the credit (or dis- 
credit) for all the measures that he reported. It appears clearly enough, 
however, that Stevens was personally a strong advocate of the legal-ten- 
der laws ; that he pressed for measures of confiscation far surpassing in 
severity those actually adopted, and that he regarded as hopelessly inef- 
fective the policy of emancipation which was put in operation by the 
President. Whether his judgment on these points was that of sound 
statesmanship, may well be doubted, though Mr. McCall makes a very 
striking presentation of the considerations that might justify the ideas of 
Stevens, particularly on the monetary question. 

It was in connection with reconstruction that Stevens's view of what 
should be the government's policy had the most remarkable history. 
From the outbreak of the war he consistently maintained that the acts of 
secession terminated the constitutional existence of the states that passed 
them, and on this idea he reared his theory that with the triumph of the 
national arms the status of the conquered regions would be merely that 
of subject provinces. Mr. McCall traces very fairly the development of 
this theory, from the time when its enunciation was received with general 



Minor Notices i 5 7 

horror, to what he calls its "complete triumph" in the Reconstruction 
Acts of 1867. Though the career of the Stevens doctrine was very 
remarkable, its ultimate triumph was in reality something less than com- 
plete. This evidence lies in the fact, which the author cannot under- 
stand (p. 290), that Stevens strenuously opposed the insertion of the so- 
called "Blaine Amendment" in the act of March 2, 1S67. Stevens 
perceived that this amendment detracted from the simple and unqualified 
assertion of military authority by the government, and recognized a right 
of the Southerners to ultimate representation in Congress. His theory 
denied absolutely any such right, for conquered enemies have no consti- 
tutional rights. The act as passed embodied rather more distinctly the 
Sumner than the Stevens shade of theory ; but of the existence of the 
state-suicide theory Mr. McCall gives no intimation. 

In keeping with the general character of the series, this volume em- 
bodies a general view of the political history of the time covered by the 
greatest activity of the subject. This part of the work is eminently satis- 
factory. The temper of the author is admirable, his information is ade- 
quate, and his judgments are sound. A statement here and there may 
appear a little misleading. On page 101 the repeal of the Missouri Com- 
promise is attributed to " the aggressive slavery party" — the more con- 
spicuous agency of Douglas being ignored. On page 1 10 it is said : " But 
scarcely had the compromise of 1850 become operative when the friends 
of slavery secured its repeal." This is unintelligible. On page 148 the 
Crittenden resolution of 1861 is represented by implication as having 
been formally enacted ; this is not precisely the case, as the House form 
and the Senate form differed slightly from each other. 

Wm. A. Dunning. 

An accident not to have been foreseen has deprived us of the pleasure 
of inserting in the present number a review, by a most competent expert 
in matters of education, of the report which the Committee of Seven has 
presented to the American Historical Association, and which has been 
printed in a small and inexpensive volume entitled The Study of History 
in Schools (Macmillan, pp. ix, 267). The formal review is, we hope, 
only delayed. Yet the book is so important and so interesting to 
teachers, and so much deserves their attention at the beginning of the 
scholastic year, that we do not think it advisable to permit our October 
number to appear without at least a statement of the nature of the book, 
and of what the teacher may expect to find between its tasteful covers. 
The committee was appointed in December, 1896, to consider the subject 
of history in the seondary schools and to draw up a scheme of college 
entrance requirements in history. The members were Professor A. C. 
McLaughlin of the University of Michigan, chairman ; Professor H. 
B. Adams of the Johns Hopkins University, Mr. George L. Fox of the 
Hopkins Grammar School, Professor A. B. Hart of Harvard University, 
Professor C. H. Haskins of the University of Wisconsin, Miss Lucy M. 
Salmon, professor in Vassar College, and Professor H. M. Stephens of 



, 



i 5 8 Reviews of Books 

Cornell University. An especially noteworthy feature of their work is 
the pains which they took, as an indispensable preliminary, to inform 
themselves thoroughly, by means of circulars of inquiry, correspondence' 
conversations and travel, concerning the actual facts of school work in 
history in all parts of this country and in foreign lands. Those teachers 
who may expect from a committee so largely consisting of college pro- 
fessors a pronouncement ex cathedra and a rigid scheme inapplicable in 
varying conditions may be reassured ; they will find nothing of the sort 
in the book. " We have sought chiefly to discuss, in an argumentative 
way, the general subject submitted for consideration, to offer suggestions 
as to methods of historical teaching and as to the place of history on the 
school programme, being fully aware that, when all is said and done, 
only so much will be adopted as appeals to the sense and judgment of the 
secondary teachers and superintendents ; and that any rigid list of re- 
quirements, or any body of peremptory demands, however judiciously 
framed, not only would, but should, be disregarded in schools whose 
local conditions make it unwise to accept them." 

The report proper is divided into chapters relating to the value of his- 
torical study and its relation to other studies, the suggestion of four blocks 
or periods of history to be recommended for use in schools, the mode of 
treatment for each, methods of instruction, and requirements for entrance 
to college. The first appendix (pp. 137-157) describes, upon the basis 
afforded by the committee's investigation, the present condition of his- 
tory in American secondary schools; the second (pp. 158-172) deals 
with the study of history in schools of lower grade. In Appendix III. 
Miss Salmon presents a most thorough and valuable account of the teach- 
ing of history in the German gymnasia. Accounts of history in the 
French lycees (by Mr. Haskins), in the English secondary schools (by 
Mr. Fox) and in those of Canada follow (pp. 199-238). The final ap- 
pendixes give excellent lists, with comments, of books and articles on 
the teaching and study of history, and of maps and atlases useful to 
teachers of history. Without expressing a judgment on the recommenda- 
tions made by the committee, a matter which it is proper that we should 
leave to our reviewer, we may affirm without hesitation that a book so 
carefully prepared, upon a subject so important, deserves the most ex- 
tensive circulation. More than two hundred thousand young people are 
studying history in American secondary schools ; in our opinion, the 
American Historical Association never did a more useful thing than when 
it set on foot a systematic inquiry into the questions, how they are and 
might best be taught. 

On November 20, 1898, a large number of teachers and students of 
history in Belgium joined in celebrating the twenty-fifth anniversary of 
the foundation of the first historical seminary ever installed in any Belgian 
university, and in doing honor to the distinguished Professor Godefroid 
Kurth of Liege, to whom the innovation was due. In commemoration 
of the occasion, the committee who had charge of the celebration have 



Minor Notices 159 

printed in handsome form, with a portrait of the professor, a volume of 
224 pages, A Godefroid Kurth, Professeur a /' Univeisite de Liege, a 
t' Occasion du XXV '" Anniversaire de la Fondation de son Cours Pratique 
d'Histoire, prepared by Professor Paul Fredericq of Ghent, formerly of 
Liege, as editor. The addresses delivered on November 20 are printed, 
and testify to the great respect in which M. Kurth is held. But the most 
interesting part of the volume is the portion (nearly two-thirds of the 
whole) in which the editor, with the aid of communications from the 
various conductors, describes the progress of the seminary method in 
Belgium, and narrates the development of each professor's practical 
courses. The four Belgian universities, at Liege, Ghent, Brussels and 
Louvain, have an unusual number of historical professors, and nearly all 
pursue this method, imported from Germany by M. Kurth in 1874. The 
American professor will find much to interest him, and many profitable 
suggestions, in these detailed descriptions of the various, and often quite 
individual, modes in which this pedagogical device is administered by 
their Belgian colleagues. Perhaps the interest will be the greater because 
the institution is, in Belgium, not richly endowed nor exhibited in its 
German perfection, but labors under some of the same disadvantages as 
in this country, bears the marks of recent origin, and is under the 
same necessity of making its way which is felt by those who in America 
endeavor to employ it. 

Die Reste der Germanen am Sc/naarzen Meere. Eine ethnologische 
Untersuchung von Dr. Richard Loewe. (Halle, Max Niemeyer, 1896, 
pp. 257.) — After the treatises of Bruun, Kunik, Tomaschek, and Braun 
on the Goths in the Crimea, we have at last, in Dr. Loewe's book, a com- 
prehensive account of all branches of the Goths and Herulians who 
migrated to the Black Sea and thence made incursions into Asia. The 
author begins with the Teutons of Asia Minor : the Tox^oypdXxoi in 
Phrygia, who were probably Herulians (the Greeks calling all the Teutons 
of the Black Sea indiscriminately JPor»9«c)j the Aayozih)voi in Mysia, 
whose name he supposes to be a folk-etymological contamination of 
Adyoura and rdn'ioc ; and the Teutons of Galatia and Armenia, whom 
Peucer mentions. Proceeding to the Causasus, he discusses the single 
extant reference to the Eudusians, and takes up next the history of the 
Tetraxitic Goths in the Taman peninsula, who, according to him, were 
in reality Herulians. He defends effectively the hitherto discredited re- 
port of Mondorf, according to which the Tetraxitic (and Crimean) 
Gothic was spoken as late as the middle of the eighteenth century. As 
to the Goths of the Caspian Sea, he rightly holds that Friedrich Schlegel, 
who alone mentions them, must have misunderstood his source (probably 
Rubruk). Turning to the Goths of the Crimea, he traces their history 
from its beginnings to the absorption of the race by the Tartars at the 
close of the last century, and endeavors to prove by historical and lin- 
guistic evidence that they too were not Goths, but Herulians, with a 
West-Germanic dialect modified by long-continued contact with Gothic. 



160 Reviews of Books 

After discussing the physical characteristics and the manners and cus- 
toms of the inhabitants, past and present, of Crimean " Gothia," Loewe 
treats in a final chapter of the Gothi minores in Moesia, arriving at the 
conclusion that they probably gave up their language and lost their 
identity in the course of the tenth century. 

Loewe independently examines the material collected by his predeces- 
sors, showing much of it in an entirely new light, and augments it by 
important discoveries of his own : passages in the Silesian Annals of 
Cureus, in the Magdeburg Annals of Torquatus, in Peringskiold's edition 
of Cochlaeus's Vita ThcoJorici, etc. His book bespeaks thorough his- 
torical and philological scholarship and remarkable acumen ; though it 
deals largely with mere possibilities, it rarely fails to be plausible, if not 
convincing. With its larger scope and its more exhaustive treatment it 
easily supersedes the previous works referred to. 

Hugo K. Schilling. 

The first fascia/ Ins of Tom. XVIII. of the Analecta Bollandiana con- 
tains remarks on the author and the source of the Passion of Saints Gor- 
gonius and Dorotheus, and on the life of St. Firmanus by Dietrich 
of Amorbach, and a considerable installment of the catalogue of the 
Greek hagiographical manuscripts of the Vatican. But that which 
most distinguishes this number, and also the second fascia/Ins (which is 
mainly devoted to it), is what they give us respecting the treatise on the 
miracles of St. Francis of Assisi written by Thomas a Celano. That be- 
side his two lives of the saint he wrote also this tract on his miracles has 
long been known. But so important was it deemed in 1266, in view 
of the discords which had torn the Franciscan order, that the concilia- 
tory narratives of St. Bonaventure should supersede all others, that at the 
general chapter held at Paris in that year it was ordained that the pre- 
vious accounts should be destroyed. So rigidly was this carried out that 
all hope of recovering the treatise in question seemed futile. But at the 
sale of the library of the late Prince P3aldassarre Boncompagni, in Jan- 
uary 1898, Father Louis Antoine de Porrentruy, definitor-general of the 
Capuchins, acquired for the Franciscan museum of Marseilles a manu- 
script Memorialis Geston/m et Virtutum Sancti Francisci which, examined 
by the Bollandist writer, proved to contain the lost treatise of Thomas a 
Celano. His account of the matter and his critical introduction are 
printed in the former of the two numbers before us, while the latter con- 
tains the text of the treatise, which, it is needless to say, is a document 
of much importance for early Franciscan history. 

Selections from the Sources of English History, B. C. 55 to A. D. 1832, 
arranged and edited by Charles W. Colby, Ph.D., Professor of History 
in McGill University (Longmans, pp. xxxvi, 325). Professor Colby's 
excellent little book contains 117 selections, which, when the original is 
not English, are presented in English translations. They are remarkably 
well chosen, and illustrate English history in varied ways. Some of 



Minor Notices 1 6 1 

them set forth important or striking events : the coming of St. Augus- 
tine, the murder of Becket, the battle of Crecy, the voyage of Cabot or 
of the Mayflower, the massacre of Glencoe. A larger number illustrate 
more generally the characteristics of political and social life in each age. 
Taking the fifteenth century, for a sample of the book, we have the 
record, from Riley's Memorials of London, of the case of one who tried 
to escape from serving as alderman ; a portion of the trial of Joan of 
Arc, from Quicherat ; a proclamation of Richard, Duke of York, in 
1452 ; several of the Paston letters, relating to the bargain for marriage 
between John Paston and Margery Brews ; More's narrative of the 
murder of the princes in the Tower ; the remarks of John of Trevisa 
and of Caxton respecting diversities of English speech ; a description of 
the English and of English society out of one of the Venetian relations ; 
and Soncino's account of John Cabot's first voyage. Narratives and 
descriptive pieces are used, as a rule, rather than documents ; and as a 
whole the collection is an unusually interesting and even entertaining 
one. Unfailingly, every reviewer of a book of selections has his pieces 
that ought, by all means, to have gone in or out. While admitting that 
no two people would agree upon a list, the present reviewer would sug- 
gest that the imaginary speech of Galgacus in the Agricola can hardly 
be said to illustrate English history ; that almost the same may be said 
of Alcuin's letter to Charlemagne here printed; that the chronicler's 
description of Domesday might well have been accompanied by a brief 
extract from the book ; that the literary life of England under Elizabeth 
might have been better illustrated than by the bits from Enphues ; that 
it is a pity to use General Townshend's letter for the capture of Quebec, 
or AVarren Hastings's dry minute (pp. 265-268) rather than some ex- 
tracts from the speeches at his trial ; and that the last five pieces, for the 
years 1815 to 1832, are, with the exception of Macaulay's letter, inade- 
quate to represent its most important characteristics. But the complexity 
of modern life is such that all such books seem least satisfactory in their 
later parts. The translations of passages with which we are familiar are 
good ; but it is a pity to give boys Froissart in Johnes's Johnsonese, when 
they might have Lord Berners. 

The book is prefaced by a long introduction on the use of original 
sources, and each piece by an explanatory paragraph. All these are 
well executed, and the introduction in particular is written in a sprightly 
and entertaining style. But the book has for its sub-title "A Supplement 
to Text-Books of English History," and we question whether this fluid 
essay and a good many of the explanatory paragraphs are not beyond the 
' ' sixth-form boy ' ' at whom the author largely aims. Does not that young 
person need to have things set forth with more rigid method ? But his 
teacher will read the introduction with enjoyment. It is true that Mr. 
Colby aims also at the general reader ; but the general reader will prob- 
ably continue to read things more general, preferring his Green or his 
Froude to collections of original pieces. As for the college student, at 
least the more advanced of such, we think he will be more benefitted by 

VOL. IV. — II. 



1 6 2 Reviews of Books 

books which, like those hi Professor York Powell's series, present him 
with a body of extracts relating to a single episode, and therefore much 
more nearly approaching completeness ; these not only interest him, but 
enable him to form judgments from first-hand materials. 

Essai de Restitution des plus amicus Menioriaux de la CJiambre des 
Comptes de Paris. Par MM. Joseph Petit, Archiviste aux Archives 
Nationales, Gavrilovitch, Maury, et Teodoru, avec une Preface de Ch.- 
V. Langlois. [Universite de Paris, Bibliotheque de la Faculte des Let- 
tres, VII.] (Paris, Alcan, 1899, pp. xxii, 253.) It is well known 
that in the thirteenth and fourteenth centuries, in order to facilitate 
business in the midst of the rapid accumulation of documents incident to 
the development of administrative departments in European govern- 
ment, it was a common practice for officials to compile, from the records 
of their offices, various books of precedents and memorabilia for ready 
reference. These rather miscellaneous collections, of which the Red 
Book of the English Exchequer is a fair example, have no special im- 
portance where the original records have been preserved, but where, as 
is usually the case, the originals have disappeared, they are of the high- 
est historical value. In the case of the French Chambre des Comptes, 
unfortunately, these early compilations and the series of official registers 
which began in 1320 were destroyed by fire in 1737, and the difficult 
task of reconstructing them from old inventories, scattered originals, and 
fragments copied by antiquaries, has only recently been seriously at- 
tempted. Three years ago, M. Langlois set the members of his seminary 
upon the problem of restoring the first six of these Memorials, and the 
results of their labors have just been published. After a preface by M. 
Langlois and an introduction by M. Petit, the body of the monograph is 
almost equally divided between a calendar of the Memorials and a pub- 
lication of documents of special interest. The materials cover with 
more or less fullness the period from the early thirteenth century to 1333, 
and consist of royal ordinances, lists of tithes, vassals, and feudal dues, 
papal bulls, extracts from accounts, tables of weights and measures, etc. 
The work of collection, identification, and arrangement demanded much 
ingenuity and critical skill, as well as extensive research ; and the vol- 
ume is an interesting illustration of the excellent quality of the seminary 
work now done at Paris. C. H. Haskins. 

The Navy Records Society has entered upon an important, though 
quite special, undertaking by publishing the first volume (pp. 431) of a 
collection of Letters and Papers Relating to the First Dutch Jf'ar, 
1652-54, edited by Dr. Samuel Rawson Gardiner, who thus gets an 
opportunity to present to the public the original evidences for cer- 
tain chapters of the last published volume of his History of the 
Commonwealth and Protectorate. The documents thus far printed il- 
lustrate with remarkable completeness the portions of the contest to 
which they relate, and, as might have been expected from Dr. Gardiner, 
present the events as viewed from both sides of the Narrow Seas. They 



Minor Notices 163 

are derived from the Public Record Office, the Dutch transcripts at the 
British Museum, the archives at the Hague, the Duke of Portland's 
papers, the Tanner papers at the Bodleian, etc. A certain number are 
reprinted from the Commons Journals, Aitzema, De Jonge, the Hol- 
landsche Mercurius, or rare newspapers or pamphlets at the Museum. 
The Dutch texts are translated. The annotations, but for occasional 
modest disclaimers, would not be known to be those of a landsman. 

The number of volumes to be printed is not at present announced. 
The first volume contains four main divisions, with an aggregate of 250 
pieces. First come certain reminiscences of Richard Gibson, not, we 
should think, of as great importance as much of what follows, and not 
written down till 1702. Parts II., III. and IV. are entitled respectively 
The Approach of War, The Honour of the Flag (documents relating to 
the encounter between Blake and Tromp off Dover on May |~|, 1652), 
and The Northern Voyage (toward Shetland, by Blake and Tromp, in 
July). In each division the documents are arranged chronologically, 
though the divisions have been made to overlap a little in dates, in 
order to give more unity to the group bearing on each episode. To 
each division Dr. Gardiner has prefixed introductory remarks ; to Part 
II., for instance, a fair statement of the causes of the war and a lucid 
description of the naval organization of the two powers. The intro- 
duction to the third part discusses the disputed questions as to how and 
by whose fault the fight off Dover began ; an ingenious and probably 
successful attempt is made to reconcile the conflicting statements. In 
the other introduction the most interesting matter is a discussion caused 
partly by the theory which Mr. Corbett advanced in his Drake and the 
Tudor Navy, but in which other experts have been slow to agree, that 
Drake in one of the earlier fights with the Armada made use of the 
close-hauled line-ahead, the formation afterward so famous in British naval 
combats. Dr. Gardiner seems to show that no evidence that this tacti- 
cal device existed in the repertory of Blake in 1652 can be found in the 
papers which have come under his notice. Of all the documents per- 
haps the most interesting is the last, a rescript in which Tromp goes over 
the whole ground of his conduct of the campaign from beginning to end, 
and presents to the States General his defence for each important de- 
cision taken. 

Though the Royal Historical Society has absorbed the Camden So- 
ciety, it continues for the present to issue some of its books, (presumably 
those which had been planned by the older society before the union), in 
the old familiar Camden Society form. In that shape appears the volume 
(Longmans, pp. 174) entitled A Narrative of the Changes in the Min- 
istry, 1 765-1 767, edited for the Royal Historical Society by Miss Mary 
Bateson. It is made up of a series of letters written by the old Duke 
of Newcastle to his friend John White, M. P. for East Retford. But the 
letters are not purely casual ; the duke appears to have had a definite in- 
tention of composing a continuous narrative. It is a narrative of small 



164 Reviews of Books 

politics. Great interests are at stake, among them the fate of a colonial 
empire ; and here are a king and a large group of noblemen and ministers 
absorbed, like so many small local politicians, in petty intrigues about 
the possession of great offices and the distribution of little ones. There 
is a larger aspect of these movements, of course ; but it is not in a nar- 
rative written by Newcastle that one would look for it. He makes it all 
seem pettier even than it was, and reveals his own narrowness and in- 
competence at every page. Yet upon the events with which he deals — 
the efforts of the King to get rid of Bedford and Grenville, the final 
organization of the Rockingham ministry, the exclusion of Newcastle 
from influence therein, the decisive opposition of Chatham to him, the 
formation of the ministry of Chatham and Grafton — upon all these 
things this eager busybody and experienced wire-puller has things to tell 
us which supplement with many interesting details the more important 
narratives of Cumberland, Bedford, Grenville, Yorke and Grafton. 

Those who are acquainted with Mr. Justin McCarthy's admirable 
History of Our Own Times will expect a similar method, the same quali- 
ties of style, in his newer work, The Story of the People of England in 
the Nineteenth Century, ["The Story of the Nations "] . (New York, 
Putnams, two volumes, Part I., 1800-1835, pp. ix, 280). In this 
they will not be disappointed, though the smaller scale of the present 
work does not admit of equally ample treatment. 

The nineteenth century as treated of in this work must be understood 
as beginning strictly with the end of the Napoleonic wars. The real 
story of Part I. is that of the first great reforms, and the first three chap- 
ters, " Arms and the Man," " England's Benevolent Despot," " In the 
Wake of the Peace," are mainly introductory. One must not expect to 
find even the ampler part a connected history of the time ; it is rather a 
series of descriptions of the important movements and episodes. Indeed, 
the author declares it his purpose rather to draw something like pictures 
than to give a chronicle and a record — " to make the story of each great 
reform, political or social, a story complete in itself." Accordingly, 
statesmen and events are grouped with reference to their relation to im- 
portant movements, or it may be the man, as for example Canning, is 
the core and centre of the narrative. 

On the other hand one finds here many things that are not usually 
found in the histories. The author believes that " the true history of 
England during that long period of marvellous growth will be found to 
be the country's progress in education, in science, and in the conditions 
that tend to make life useful, healthful and happy." Not all of this im- 
plied promise has been redeemed in the first volume. 

Few British writers on English history have been able to divorce 
themselves so completely from the strictly English point of view as Mr. 
McCarthy has done and yet lose nothing of that power that comes from 
a sympathetic knowledge of all that goes to make up the history and the 
life of the English people, their prejudices as well as their virtues. He 



Minor Notices 165 

has his sympathies, indeed, (with the reformers always) but the other 
side is given a fair hearing. 

Mr. McCarthy has the instincts of a dramatist. The book abounds 
in incident and story. Perhaps there has been sometimes a sacrifice of 
the essential, the vital, for the effervescent, the merely interesting. All 
this, however, seems excellently to light the pathway of history if only 
the reader possesses that knowledge of the outline of events which the 
author really takes for granted. Taken as supplementary reading the 
book has great historical value. There are thirty excellent illustrations, 
chiefly portraits — some, indeed, of persons of whom no word is spoken 
in the book. 

A typographical error on page 207 gives the date of the battle of 
Waterloo as June 15 th. 

E. C. B. 

J. Chamberlain, by Achille Viallate. (Paris, Felix Alcan, pp. 150.) 
M. Viallate' s chief object in this sketch seems to be to bring out the 
ideas, ambitions and character of Mr. Chamberlain in such a way as to 
foreshadow his policy, should he be called, as M. Viallate seems to think 
will be the case, to direct the foreign policy of Great Britain. In the 
first chapter, M. Viallate gives a sketch of Mr. Chamberlain's work in 
municipal politics. There is, of course, nothing new in this section ; 
but in the space of 18 pages, a bright account is given of the transfor- 
mation of Birmingham, and the hold that Mr. Chamberlain obtained 
through his able administration of municipal affairs on the electors of the 
Midlands. He then gives Mr. Chamberlain's career in the House of 
Commons, and in the cabinet of Mr. Gladstone, as President of the 
Board of Trade, from 1880 to 1885, and his brief occupancy of the 
presidency of the Local Government Board in 1886, which was ended 
by his retirement from the cabinet on his rupture with Mr. Gladstone 
over the Home Rule question. The change from Liberal to Liberal 
Unionist, first in alliance with the Conservatives, and then in coalition, 
and as a member of Lord Salisbury's cabinet, is well described. M. 
Viallate does justice to Mr. Chamberlain as not having been deliberately 
inconsistent throughout these changes. He points out that, throughout 
his career, Mr. Chamberlain's first object has been the material well- 
being of the people of England, and that the apparent changes in his 
opinions have been largely caused by the proved insufficiency of his 
earlier panaceas to banish poverty and misery and bring about universal 
well-being. The municipal reforms in Birmingham, the social pro- 
gramme, with its items of allotments, small holdings, better homes for 
the working classes, compensation to working people injured in the 
course of their employment, old age pensions, a programme which 
through his energy and perseverance has been largely incorporated into 
English law, the later Imperialistic policy, and the insistence on the 
preservation of foreign markets for Great Britain, all had this aim in 
view. But the lack of higher principle, of the sense of truth and justice 



166 Reviews of Books 

for Great Britain as more essential to the preservation and happiness of 
the nation than markets and material well-being, threatens to lead to 
most serious trouble, if M. A^iallate's estimate of Mr. Chamberlain's 
aims is correct, and if Mr. Chamberlain should have the opportunity of 
carrying out these aims. M. Viallate believes that the Fashoda trouble 
was deliberately created by Mr. Chamberlain, when the French had no 
intention of putting obstacles in the way of English ambitions. He 
thinks that Mr. Chamberlain was alarmed at seeing so many markets 
closing to British enterprise, and that he was determined to assert British 
supremacy on the seas. Fearing a possible coalition of European 
powers, he wished to seize on any excuse to crush one of these powers 
while it was still possible, and thus " to inspire anew the salutary fear of 
the English name" on the seas. That this scheme proved abortive was 
due to French forbearance and the refusal of Lord Salisbury to be 
stampeded into war. ATP 

The newest parts of neueste Geschichte are often the hardest to get 
hold of, and therefore, though the plan be not all-comprehensive nor 
the execution perfect, we take pleasure in mentioning Mr. H. Whates's 
The Politician' 1 s Handbook (Westminster, Vacher and Sons, pp. 169) of 
which the initial issue, for the session of 1899, lies before us. There 
are two divisions, political and commercial, in each of which the articles 
are arranged alphabetically. The book is simply a digest of the British 
blue-books of the year — diplomatic correspondence, reports of royal 
commissions and of select committees, treaties, consular reports, etc. 
Attention is given mostly to those regions of the world in which Great 
Britain is involved in political and commercial struggle. Thus the in- 
quirer will find no facts of history or news from Italy or Austria ; but 
about Crete and Fashoda and Newfoundland he will find summaries of 
recent official reports. 

International Courts of Arbitration, by Thomas Balch, 1874 (Phila- 
delphia, Henry T. Coates and Co.). — This is in the main a reprint of 
an article in The Law Magazine and Review (London) for 1874. The 
author's son has re-issued it in view of present interest in the subject, 
but has added some material derived from his father's papers, especially 
an account of an interview with President Lincoln. The elder Mr. 
Balch claimed to have been the first to suggest such international trib- 
unals as that which sat in the Alabama case. 

The Establishment of Spanish Rule in America. An Introduction to 
the Histo7-y and Politics of Spanish America. By Bernard Moses, Ph.D., 
Professor in the University of California. (Putnams, pp. x, 328.) — 
Teachers of American history will find in this work of Professor 
Moses a long-needed help. That our elementary and advanced courses 
in colonial history should be brought into closer relation and comparison 
with the history of the non-English colonies has long been realized, but 



Minor Notices 167 

the absence of suitable manuals of Spanish colonial history has hindered 
the attainment of this object. Professor Moses's book has been designed 
for this purpose and is admirably adapted for it. He has avoided the 
pitfall of excessive detail and the firmness and lucidity of his exposition 
of the machinery of administration in the colonies attest his first-hand 
knowledge of both Old and New Spain. There are chapters on the 
early history of Peru, Chile, Venezuela and Colombia, and the Rio de 
la Plata region. The great organs of administration, the Audiencia, the 
Viceroy and the Church are treated concretely as they appear in the 
history of Mexico, while the economic aspects of Spanish colonial 
policy are set forth first by an analysis of the work of the Casa de Con- 
tratacion and toward the end of the volume by a more general view of 
Spanish commercial policy. A suggestive comparison of Spanish and 
English colonization concludes the discussion. 

One cannot help wishing that Professor Moses had gone a step 
further in rendering assistance to the teacher and advanced student in re- 
gard to the literature and sources of Spanish colonial history. Probably 
no one else in the country is better prepared to furnish such guidance, 
and it might very easily be added to the present volume in an appendix. 
As it is, the references are simply to the last names of the authors and to 
the bare titles of the books without the place or date of publication. 
Even with the conveniences of a large library I have found it by no 
means an easy task to find out these essential data, and a busy student 
can rightfully expect an author to save him from such a waste of time. 
This is the only serious defect in this otherwise excellent book. It is to 
be hoped that we shall not have to wait too long for the continuation of 
this study of Spanish colonial conditions, at which the author hints in 
his preface. In the meantime, the teacher with this book and Parkman's 
Old Regime in Canada will be able to lead students to a most instructive 
comparative study of Spanish, French and English colonies, and of 
the purposes and practice of the respective mother countries. 

Edward G. Bourne. 

Dr. Wm. Seward Webb has caused to be set forth, in a beautifully 
printed little volume (pp. 144, edition of 250 copies) edited by Mr. 
Worthington C. Ford, an orderly book in his possession, General Orders 
of 175 7, Issued by the Earl of Loudoun and Phineas Lyman in the Cam- 
paign against the French. The manuscript belonged to some one in the 
regiment of General Phineas Lyman of Connecticut, an officer to whose 
high qualities Dr. Webb pays a deserved tribute. The orders cast no 
light on battles, none of which are mentioned in these pages. The de- 
tails are the ordinary details of eighteenth-century camp life. Extend- 
ing from May to November, 1757, when the Connecticut regiment re- 
turned from Fort Edward, where it had spent the whole summer, the 
orders exhibit with some interest the process of indoctrinating and main- 
taining ordinary discipline among provincial militia. The print follows 
with exactness, apparently, the peculiarities of the manuscript, of which 



1 68 Reviews of Books 

a page is given in photographic facsimile. It is to be regretted that it 
uses " ye " or " y c " for " the." If printed in 1757, the record would 
have " the " everywhere ; the sign for " th " is not a " y, " either his- 
torically or in the shape generally given it in manuscript, vide the page of 
facsimile; a page studded with "ye" is abhorrent and unnecessarily 
hard to read ; and half-educated persons are confirmed in their dreadful 
habit of pronouncing "the," when thus abbreviated, as if they were 
struggling with the unfamiliar second-person-plural pronoun. 

In the series of Johns Hopkins University Sti/dies, No. 4-5 of Series 
XVII. is a dissertation on The History of tiie Know-Nothing Party i?i 
Maryland, by Mr. Laurence F. Schmeckebier (pp. 125). The subject 
is an interesting one, not only on account of the phenomena which the 
movement manifested in all parts of the country alike, but also because 
of the peculiar position of Maryland, as the one state having a large 
native American Catholic element, and because of the peculiar addiction 
of Baltimore to secret societies, such as that out of which the Know- 
Nothing party arose. Mr. Schmeckebier has treated the matter with 
conscientious research and with ability, though rather as a succession of 
elections and political struggles reported by the newspapers than as a 
movement in public opinion. Special causes in Maryland were unusual 
aggressions of German radicals and of Catholics seeking public money 
for their schools. Yet so soon were the original principles of the 
"Americans" forgotten, that the second Know-Nothing legislature 
passed no anti-Catholic or anti-foreign legislation. It would have been 
interesting to have had the connection between the Know-Nothings and 
the Constitutional Union party more fully worked out. The dates 
(years) in the narrative are too few for clearness. The pamphlet is, 
like so many doctoral dissertations of the present time, very ill written, 
with frequent vulgarisms like " fake candidates," " could not help but, " 
etc. The proof-reading is also defective; surely a university publication 
ought not to print the name of the well known candidate of 1856 and 
i860, in every instance, Breckenbridge. 

No. 6 is a brief paper (pp. 42) on The Labadist Colony in Maryland, 
by Bartlett B. James, Fh.D. That short-lived experiment has already 
been dealt with in Murphy's edition of the journal of Danckers and 
Sluyter, and in monographs printed by the historical societies of New 
Jersey, Delaware and Maryland. Dr. James, who is, we believe, a 
clergyman, treats with especial intelligence the Labadist system of doc- 
trine and discipline. He has also a competent knowledge of the Dutch 
sources for the history and criticism of the sect, and his narrative is one 
of much interest, though quite brief. Those faults of proof-reading 
which we have mentioned in connection with Mr. Schmeckebier' s dis- 
sertation are even more numerous in this ; in the appended bibliography, 
of two pages and a half, we note sixteen misprints. 

More interesting and important than either of these is No. 7-8, Slavery 
in the State of North Carolina, (pp. in), by Professor John S. Bassett of 



Minor Notices 1 69 

Trinity College in that state, a continuation of his previous studies on 
Slavery and Servitude in the Colony of North Carolina and on Anti- 
Slavery Leaders of North Carolina. No Southern historical monographs 
are, to our mind, more useful or more interesting than those essays of 
recent years, beginning with Dr. J. R. Brackett's Negro in Maryland, in 
which the attempt is made to set forth, from trustworthy original sources, 
the actual facts of slavery as a concrete institution. Among such at- 
tempts Professor Bassett's modest and judicious performance has an im- 
portant place. Its spirit is admirable, and, though its style is sometimes 
inelegant, in other respects its workmanship is careful. It does not pre- 
tend to be final. Many more local contributions are necessary before the 
history of slavery in any state can be written in a form approaching per- 
manence. But it is a great help to us all to have so good a pioneer 
essay. Mr. Bassett has made much use of the reports of judicial decisions, 
as well as of the laws, in his sections on the legal status of the slave and 
on free negroes and emancipation. Perhaps the most interesting sec- 
tions are those on the religious and social position of the negroes in 
North Carolina. The leading peculiarities of slavery in that state seem 
to have arisen from its population being largely composed of middle- 
class farmers, slave-owners on a small scale if at all, and from the promi- 
nence of the Methodists, Baptists and Quakers. It appears plain that 
slavery was a milder institution in North Carolina than in Virginia or in 
South Carolina, and especially so before 1S30. The best specimen of the 
negro race in the state, John Chavis, preacher and teacher, educated at 
Princeton by President Witherspoon, was received as a social equal by 
the best people of his neighborhood ; we doubt if this would have been 
true in either of the adjoining states. The extent of local diversities in the 
South has till lately received too little attention in studies of slavery. Mr. 
Bassett shows a great increase of harshness in the laws after 1830 and 1S31 . 

The Beaeon Biographies, edited by M. A. De Wolfe Howe. (Boston : 
Small, Maynard and Co.) — Series of brief biographies multiply, and it is 
not to be expected that an historical review should present elaborate 
notices of lives compressed within a hundred or so small pages, even 
though they be so interesting, and in the main so well executed accord- 
ing to their small scale, as those which thus far have appeared in this 
new series. A few words may be held to suffice. In the first place, the 
little books are very pretty, and each one contains a good photogravure 
of its subject. In each the narrative is preceded by a chronological 
summary of the events of the life, and followed by a brief select biblio- 
graphy. The editor opens the series with an excellent little book on 
Phillips Brooks, written from the layman's point of view. Mr. James 
Barnes writes of David Farragut, in a popular style ; Professor William 
P. Trent of Robert E. Lee, presenting the view of one who is an in- 
tense admirer of that noble man without greatly admiring the school of 
politics in whose cause he fought. Professor Edward Everett Hale, jr., 
writes brilliantly of James Russell Lowell ; Mr. Norman Hapgood deals 



1 70 Reviews of Books 

with Daniel Webster. The books are pleasant reading, but by no means 
masterpieces. Their chief interest is that they present their subjects 
from the point of view of a generation younger than that which has 
hitherto written of these great men. It is understood that there will soon 
be added to the series books on Nathaniel Hawthorne, by Mrs. James 
T. Fields ; on Aaron Burr, by Mr. Henry C. Merwin ; on John Brown, 
by Mr. J. E. Chamberlain ; on Thomas Paine, by Mr. Ellery Sedgwick ; 
and on Frederic Douglass, by Mr. Charles W. Chesnutt. 

Mr. James D. Richardson's Compilation of tlie Messages and Papers 
of the Presidents, iy8Q-i8py, published by authority of Congress, is now 
completed by the issue of the tenth volume of 677 pages. Indeed, it is 
much more than completed, for more than half of the volume is mere 
padding, which has no proper place in the compilation and ought not to 
be here printed with government money. The first 121 pages contain 
presidential messages, proclamations and orders omitted, by defective 
plan or by accident, from the first nine volumes. The printing of these 
is of course proper, though it will always be an inconvenience that they 
are not in their rightful place, and there is no need of mingling among 
them several papers of heads of departments. The next hundred pages 
are occupied with President McKinley's messages, proclamations and ex- 
ecutive orders relating to the recent Spanish War, and this also has a de- 
fense. But there is no sufficient excuse for swelling the index to more 
than four hundred pages, by thrusting into it " a large number of ency- 
clopedic articles, intended to furnish the reader definitions of politico- 
historical words and phrases occurring in the papers of the Chief Magis- 
trates, or to develop more fully questions or subjects to which only indi- 
rect reference is made or which are but briefly discussed by them " ; still 
less "short accounts of several hundred battles in which the armies of the 
United States have been engaged" whether mentioned in presiden- 
tial documents or not; still less "descriptions of all the States 
of the Union and of many foreign countries," — all prepared by the 
editor's son. Of course Mr. Richardson had the consent of the Commit- 
tee on Printing, but the result is a most extraordinary farrago, a large part 
of which has about as much relation to the purposes of an index as 
insertions from the Nautical Almanac would have to those of a 
prayer-book. Thus, for examples chosen at random, on page 400 one 
half (500 words) is a history of the battle of Hampton Roads, which ac- 
companies and obscures the single reference " VI. 112 " ; a portion of 
the remainder consists of an account of the battle of Hanging Rock, 
which occurred nine years before the date at which Mr. Richardson's 
Compilation begins, and upon which there is of course no index-reference. 
Three-quarters of page 500 are devoted to otiose accounts of New France, 
New Hampshire, New Hope Church (battle of), and New Ireland ; 
New France and New Ireland of course fall entirely outside the scope of 
these volumes, and are not referred to in them, nor is the battle of New 
Hope Church. Of page 600 nearly half consists of a poor account of 



JlliJior Notices i 7 1 

Spain. Was there any real public demand that Mr. Richardson should 
cause an unknown person to prepare an inferior politico-historical cyclo- 
paedia and then cut it up and use it to dilute his index ? It is unfortu- 
nate that so useful, and in the main well executed a series should have so 
lame a conclusion. The index itself, when one penetrates to the items, 
is not constructed according to modern methods. 

The Massachusetts Historical Society still remains the most scholarly 
of our local historical organizations. The new volume of its Proceed- 
ings, Second Series, Vol. XII. (pp. 521), is marked everywhere by care- 
ful scholarship, and scholars everywhere will be grateful for some parts 
of its contents. Dr. S. A. Green, by supplementary bibliographical 
lists, raises to 556 the number of seventeenth-century American imprints 
in New England libraries listed by him and by Mr. Nathaniel Paine. 
Mr. S. F. McCleary gives an account of the history of the famous fund 
which Franklin left to the town of Boston. Mr. James Schouler, in a 
paper on the Cuban situation in 1S25, controverts Senator Lodge's state- 
ment that at that time the Government of the United States, acting in 
the interest of slavery, prevented the revolutionizing of Cuba and its 
acquisition of independence. An elaborate letter of John Quincy 
Adams on the Graves-Cilley duel is printed. The rest of the contents 
are not of great importance. Fully one-fourth of the volume is occu- 
pied with the commemoration of ten deceased members, seven of whom 
had little connection with historical work. The volume, at various 
places, betrays a gratifying uneasiness lest the society fail to occupy itself 
with tasks commensurate with the collective scholarship of its members. 
Its president's project of a monumental edition of the journals of Brad- 
ford and Winthrop was unfortunately defeated. But there are signs that 
the society is turning towards much-needed work in fields later than the 
Revolution ; and Mr. T. Jefferson Coolidge's munificent gift of more 
than three thousand Jefferson papers will surely aid this tendency. The 
establishment of a special Historical Manuscripts Committee we have 
already mentioned. 

The Alabama Historical Society, lately reorganized, has published 
the second volume of its Transactions (Tuscaloosa, pp. 204, to be ob- 
tained of the secretary, Thomas M. Owen, Esq., of Carrollton), the 
first since the reorganization. It makes a creditable and interesting be- 
ginning. The contents are of considerable variety. There are articles 
in the military, educational, religious, biographical and economic history 
of the state and territory of Alabama, and the secretary, Mr. Owen, who 
edits the volume, has supplied each contribution with many useful foot- 
notes, biographical and other. Mr. Owen, who is chairman of the Ala- 
bama History Commission recently constituted by the General Assembly 
for the purpose of thorough examination and report upon the materials 
for the history of the state, also contributes an article on the work of 
William Henry Fowler as the state's superintendent of army records, 
from 1863 to 1865. A long and valuable document is the series of to- 



172 Reviews of Books 

pographical notes and observations set down in journal form by Major 
Howell Tatum, U. S. A., in 18 14, when he accompanied General Jack- 
son, as topographical engineer of the Seventh District, in a voyage down 
the Alabama River, from Fort Jackson to Mobile. The journal, kept by 
Jackson's orders, is mostly filled with physical details, but it also pays 
attention to details of the "culture." Of other articles we should es- 
pecially signalize the account of the genesis of the public school system 
of Alabama, 1854-1S58, by Gen. W. F. Perry, the first state superin- 
tendent, and Mr. P. J. Hamilton's account of early roads of Alabama, 
Indian and white. 

Vol. II. of the Publications of the Mississippi Historical Society (Ox- 
ford, Miss., pp. 243, Franklin L. Riley, secretary) contains a good 
amount of interesting matter. The first half-dozen pieces relate to Mis- 
sissippi writers and literature, with admirable and all-too-brief remarks by 
Professor C. Alphonso Smith as a preface. In this section the best article 
is Professor Riley's paper on " Sir William Dunbar, the Pioneer Scientist 
of Mississippi " (1759-1810), in which a valuable and interesting life is 
well worked out from original materials obtained at Washington and else- 
where. Professor C. H. Brough's paper on the history of taxation in 
Mississippi, that of Mr. Alfred H. Stone on its early slave laws, and Mr. 
Thomas M. Owen's list of the judges and other officers of federal courts 
in Mississippi are also scientific in method. Mr. P. J. Hamilton's paper 
on the running of the south line of the territory is merely Ellicott's 
Journal over again. Some of the other articles (and the same is true 
of the Alabama volume just mentioned) have a good deal of that pro- 
vincial rhetoric which our local historical societies always have to work 
off in their earlier years ; but in both books the solid parts preponderate. 

Dr. Douglas Brymner's Report on Canadian Archives for i8p8 (Ot- 
tawa, pp. xxx, 56, 597-680, 181-330) contains his calendar of the state 
papers for Upper and Lower Canada from 1824 to 1828, preceded as 
usual by certain groups of documents printed in cxtenso. In this volume 
there are three of these groups: one relating to the attack of Wolfe's 
troops on Montmorency, one to Gait's land-company in Upper Canada 
and Felton's in Lower Canada, and one to a dispute as to the naturaliza- 
tion of aliens, which has its connections with the history of the United 
States, since it arose out of the election to the Assembly of Upper 
Canada of Barnabas Bidwell, previously a prominent member of Con- 
gress from Massachusetts. Dr. Brymner reports the receipt by his ar- 
chives of its transcripts of state papers from London extending to 1837 
and from Paris to 1767 ; also the gift by M. Rene de Kerallain, of 
Quimper, France, of a collection of the correspondence of Bougainville. 

Professor George M. Wrong, of the University of Toronto, has as- 
sociated with himself, in the preparation of his Reviac of Historical Pub- 
lications relating to Canada for the Year i8p8, Mr. H. H. Langton, 
librarian of the university, and the volume (pp. 225) appears as " Uni- 



Minor Notices 1 7 3 

versity of Toronto Studies, History, First Series, Vol. 3 ", and is pub- 
lished by the librarian. The scope of the present collection is similar 
to that of previous issues. The editors have had the assistance of Mr. 
James Bain, jr., of the Public Library of Toronto, for books of Ontario 
history, of Dr. A. F. Chamberlain, of Clark University, for books relat- 
ing to Canadian archaeology and ethnology, and of others ; but it is evi- 
dent that their own labors, in the preparation of so complete an account 
of Canadian historical publications, must have been large in amount. 
The reviews are in almost all cases serious and valuable. Mr. Har- 
risse's article, in the last volume of this Review, on "The Outcome of 
the Cabot Quater-centenary, ' ' is reviewed in a temperate manner on pp. 
37-45. It does not appear that the year 1898 was highly fruitful in 
Canadian history. The leading books mentioned are : the tenth volume 
of the late Mr. Kingsford's History of Canada, the Abbe Casgrain's La 
Guerre du Canada, 1756-IJ60, Montcalm et Levis ; Mr. Archer Martin's 
The Hudson's Bay Company's Land Tenures ; Rev. R. G. MacBeth's Tlie 
Making of the Canadian J J 'est; and some good books of local history, 
like M. Poirier's Le Pere Lefebvre et V Acadie and M. Roy's Histoire de 
la Seigneurie de Lauzon. Minor books and many articles in journals are 
noticed. 



NOTES AND NEWS 

The Committee of Arrangements for the fifteenth annual meeting 
of the American Historical Association, at Boston and Cambridge, has 
laid out an interesting series of sessions. A committee of reception, of 
fifty members, headed by Governor Wolcott, will be formed. The 
Massachusetts Historical Society offers the use of its beautiful new build- 
ing for such purposes as the Association may find convenient ; and about 
thirty local societies will co-operate in the meetings. The six colleges 
in the vicinity of Boston — Harvard, Boston University, Boston College, 
Tufts, Wellesley and Radcliffe — join in the invitation. 

The details of the programme are not yet settled, but it will be sub- 
stantially as follows : The first session will be held on Wednesday 
morning, December 27, with an interesting programme; there will be 
no session that afternoon ; on Wednesday evening the president's address 
will be the sole exercise. It will be followed by a reception on a large 
scale ; still later there will be a "smoker " at the Colonial Club, Cam- 
bridge. On Thursday morning and evening there will be regular sessions ; 
and on Thursday evening President Rhodes will receive. Friday will be 
Cambridge Day, with a morning session in Sanders Theatre, followed 
by a luncheon ; an afternoon session and tea for ladies at Radcliffe Col- 
lege ; and a general business meeting. On Thursday evening the an- 
nual meeting will conclude with a subscription dinner in Boston. 
Throughout the meetings members of the Old South Historical Society 
will be in attendance to act as guides to Old Boston ; and in Cambridge 
members of the Harvard Historical Club and the Radcliffe History Club 
will show the two colleges. On Saturday, December 30, excursions will 
be arranged to Plymouth and to Wellesley College for such as are able 
to take part in them. Preliminary programmes will be sent out about 
November 1. 

The Committee on the Winsor Prize, appointed by the American 
Historical Association, would be glad to consult with persons intending 
to compete. The committee is composed of the following gentlemen : 
Professor Frederick J. Turner, Madison, Wisconsin, chairman ; Professor 
Charles M. Andrews, Bryn Mawr, Penn.; Professor E. P. Cheyney, 
University of Pennsylvania, Philadelphia, Penn.; Professor Herbert L. 
Osgood, Columbia University, New York City ; and the Very Rev. Dr. 
Charles L. Wells, Dean of the Cathedral Church of New Orleans, La. 

Hofrath Heinrich Ritter von Zeissberg, director of the Court Library 
at Vienna, died on May 27, nearly sixty years old. From 1863 to 1871 
he was a professor of history at Lemberg, where he wrote his classical 

( i74) 



Notes and News 175 

treatise on the medieval historiography of Poland, and other works of 
Polish history. He was a professor at Innsbruck from 1871 to 1873, at 
Vienna from 1873 to 1896, when he became librarian. After writing 
much in Austrian history, he was charged by the Vienna Academy with 
the continuation of Vivenot's Quellen zur Geschichte der deutschen 
Kaiserpolitik Oesterreichs wahrend der franzosischen Revolutionskriege, of 
which he published Vols. III., IV. and V. As the result, he was charged 
by the Archdukes Albrecht and Wilhelm with the preparation of the 
authorized biography of their father, the Archduke Charles. Of this 
book he left but two volumes (-1795) completed. 

Dr. Daniel G. Brinton died at Atlantic City on July 31, aged 62. 
Eminent as a physician and as medical director of an army corps during 
a part of the Civil War, he won his chief fame as a student of American 
ethnology and linguistics. He was professor of ethnology and archaeol- 
ogy in the Academy of Natural Sciences at Philadelphia, and of American 
linguistics and archaeology in the University of Pennsylvania, to which 
before his death he presented a valuable collection of books in these 
subjects. He was the author of many books in his chosen field, among 
the most important being his Myths of the New World, Aboriginal 
American Authors and their Productions, American Hero Myths, Maya 
Chronicles, Essays of an Americanist, and his lectures on The Religions 
of Primitive Peoples. With a view to promote the knowledge of American 
linguistics, he published a Library of Aboriginal American Literature, 
eight volumes of texts, chiefly Central American. Dr. Brinton was a 
singularly genial and generous man. 

Hon. Amos Perry, who for more than a quarter of a century had 
been the devoted and indefatigable secretary and librarian of the Rhode 
Island Historical Society and editor of its publications, died on August 
10, within two days of the completion of his eighty-seventh year. Mr. 
Perry was U. S. consul at Tunis during the administration of Lincoln 
and a part of that of Johnson, and wrote a book on Carthage and Tunis 
which, in the days before the French occupation, was one of the leading 
works on the country. 

Dr. Charles J. Stille, formerly provost of the University of Pennsyl- 
vania, died at Atlantic City on August 11, in his eightieth year. He 
was a scholar of varied historical learning. In 1882 he published an 
esteemed volume of Studies in Medieval History, in 1891 his Life and 
Times of 'John Dickinson, and in 1893 Major- General Anthony Wayne 
and the Pennsylvania Line in the Continental Army. 

Professors Ephraim Emerton and Charles Gross of Harvard University 
are to be absent in Europe during the present academic year. Professors 
C. H. Haskins of the University of Wisconsin and C. W. Colby of 
McGill University are to lecture at Cambridge in their places. 

Mr. Justin S. Smith of Boston has been elected professor of modern 
European history at Dartmouth College, and Dr. W. C. Abbott of the 
University of Michigan associate professor. 



176 Notes and News 

Dr. Arthur C. Howland, formerly of the University of Pennsylvania, 
has been made professor of history in the Teachers' College in New York 
City ; Rev. Lyman B. Hall ir. Oberlin College ; Dr. Simon J. McLean 
in the University of Arkansas. 

Miss Lucy Salmon, professor in Vassar College, continues her ab- 
sence from this country during the present academic year. Mr. Theo- 
dore Clarke Smith continues to take her place at Vassar. 

Dr. Frederic W. Sanders, professor of European history in West Wr- 
ginia University, has been elected president of the New Mexico College 
of Agriculture and the Mechanic Arts. Miss L. C. Daniells, late of the 
Lewis Institute, Chicago, has been chosen professor of European history 
in his place. 

Dr. Henry C. Stanclift, formerly acting professor of the history of 
Continental Europe at Northwestern University, has been elected profes- 
sor of history and political science in Cornell College, Iowa. 

Under the title Annates Internationales a" ' Histoire, the committee of 
the International Congress of History held at the Hague in September, 
1898, has begun the publication of its papers. The form chosen is that 
of quarterly installments. The first part (pp. civ. ) consists mainly of 
the formal reports of the proceedings of the general sessions and those 
of the individual sections, and contains little matter that is of much in- 
terest to historical students, except the reports, by various delegates, on 
the historical publications heretofore issued by the departments of foreign 
affairs in their respective countries. Of these the report on the publica- 
tions of the Russian archives of foreign affairs is the most detailed, and 
probably to American readers the most instructive. The Congress ap- 
pointed a committee to prepare a plan for the systematic publication of 
the unpublished documents contained in the foreign offices of the dif- 
ferent countries ; this committee, we understand, is about to propose 
such a plan to the various governments. 

An international congress of those interested in the history of re- 
ligions is to take place at Paris on September 3-9, 1900. Professors 
Jean Reville and Leon Marillier of the Sorbonne may be addressed by 
inquirers or those desiring to participate. The invitations issued in the 
name of the Societe d'Histoire Diplomatique for a general historical con- 
gress at Paris in 1900 have, it is said, been disowned by that society. 

Three sheets compose Part XXII. of Dr. R. L. Poole's Historical 
Atlas of Modern Europe (Clarendon Press). The first two comprise 
four maps of Central Europe, showing the changes effected between 1795 
and 1810, with a lucid summary of these changes, in the letter-press by 
Mr. H. A. L. Fisher ; the third, edited by Mr. E. W. Brooks, shows the 
four Eastern patriarchates and their metropolitan, autocephalous and or- 
dinary sees, as they were about A. D. 750. A small inset map ex- 
hibits the divisions of the patriarchate of Constantinople in 911. Part 
XXIII. contains a map of Germany during the Reformation and the 



Ancient History lyy 

Thirty Years' War in two sheets, by Rev. J. P. Whitney, and a map of 
Western Asia under the Turks and Persians A. D. 1600, by Dr. Stanley 
Lane-Poole. 

We are informed that Dr. Luka Jelic of Zara, Dalmatia, has discov- 
ered in the Library of the Vatican a very ancient copy of the maps of 
Ptolemy, hitherto believed to be irrecoverably lost ; and has proved that 
many of the details shown upon it, and upon the printed "Ptolemies" 
of the fifteenth and succeeding centuries, exhibit to us the still earlier 
labors of Marinus Tyrius, of Hipparchus, and even of Eratosthenes. 
This subject is treated by Dr. Hugo Berger of Leipzig in the Bericlite 
of the Royal Saxon Society of Sciences, Philol.-hist. CI., for May, — 
Die Grundlagen ties Marinisch-Ptolemaischen Erdbildes. 

Upon the occasion of the meeting of the twelfth Congress of Orien- 
talists, at Rome, October 1, the Societa Editrice Dante Alighieri of that 
city proposes to issue, in a handsome and limited edition, an interesting 
volume entitled Roma e V Oriente nella Storia, nella Leggenda e nella 
Visione, by Professor Angelo de Gubernatis. The successive chapters 
will treat of the relations of ancient Rome with each of the Eastern 
powers and nations, of the emperors who were Eastern in origin, of the 
Jews at Rome and the beginnings of Christianity there, of the relations 
of medieval Rome to the barbarians, the Saracens and the Crusades, of 
the influence of the East on the Italian Renaissance, and of the relations 
of the East to the Papacy and to modern Italy. 

ANCIENT HISTORY. 

Professor James A. Craig of the University of Michigan has pub- 
lished in Delitzsch and Haupt's Assyriologische Bibliothek (No. XIV.) a 
series of astrological-astronomical texts, copied from the original tablets 
in the British Museum and autographed (pp. 9 and 95 plates). No. 
XV., by Professor Ira M. Price of Chicago, contains the great cylinder- 
inscriptions A and B of Gudea, copied from the original clay cylinders 
of the Telloh collection at the Louvre — text and sign-list (in pi. ) 
The transliteration, translation, commentary and notes are to follow. 

The Prussian Academy's Inscriptiones Graecae Insularum Maris 
Aegaei (Berlin, G. Reimer) advances to its second part, devoted to 
Lesbos and Tenedos. 

The life of Alexander the Great, by Professor Benjamin Ide Wheeler, 
which has of late been running serially in the Century Magazine, will be 
published as a book by Messrs. G. P. Putnam's Sons, in the series of 
" Heroes of the Nations." 

An extremely pleasing edition of an historical classic is the "Temple 
Plutarch," Sir Thomas North's racy translation of Plutarch's Lives, 
issued by J. M. Dent and Co. in ten very pretty volumes after the style of 
the "Temple Shakespeare " (but on paper too transparent). 

The second part of the first volume of Professor Ettore Pais's Storia 
di Roma (Turin, Carlo Clausen, pp. xlvii, 746) contains his criticism 
vol. iv. — 12 



178 Notes and News 

of the traditions from the fall of the Decemvirate to the intervention of 
Pyrrhus. 

The third volume of M. J. -P. Waltzing's Etude Historique sur les 
Corporations Professionnelles chez les Romains (Louvain, Peeters, pp. 
352) consists of a collection of the Greek and Latin inscriptions relating 
to the Roman corporations. 

The sixth volume of M. d'Arbois de Jubainville's Cours de Littera- 
titre Celtigue (Paris, Fontemoing, pp. 418) is devoted to a consideration 
of the civilization of the Gauls of the last three centuries before the 
Christian era and of the Irish as depicted in their oldest epic literature, 
and to a comparison of these with the civilization of the Homeric age. 
Whatever may be said of the main thesis, the book is one of great inter- 
est and suggestiveness. 

Noteworthy articles in periodicals : V. Marx, Die Stellung der 
Fraucn in Babylonien gemass den Kontrakten aus der Zeit von Nebukad- 
nezar Ins Darius (Beitrage zur Assyriologie, IV. 1); P. Gardner, Greek 
History and Greek Monuments (Atlantic, August); E. Revillout, Her- 
odote et les Oracles Egyptiens (Revue des Questions Historiques, July); 

B. I. Wheeler, Alexander s Invasion of India (Century, September); 

C. Wachsmuth, Das Konigtuni der hellenistischen Zeit, insbesondere das 
von Pergamon (Historische Vierteljahrschrift, II. 3); The Fall of the 
Roman Empire (Edinburgh Review, July). 

EARLY CHURCH HISTORY. 

In the Deutsche Zeitschrift fitr Kirchenrecht, IX. 1, Dr. G. Bocher 
presents a bibliography of the literature upon ecclesiastical history which 
appeared during the last half of the year 189S. 

The French School at Athens proposes to publish a Corpus Inscrip- 
tionum Graecarum Christiauarum, arranged in the form now usual in 
such publications, with an extended introduction which will contain vir- 
tually a history of Byzantine epigraphy. M. Laurent will edit the in- 
scriptions of Europe and Africa, M. Frantz Cumont those of Asia. It is 
intended that each text shall be, as far as possible, collated with its 
original. 

Rev. P. H. Casey, professor of dogmatic theology in Woodstock Col- 
lege, has published Notes on a " History of Auricular Confession " (Phila- 
delphia, J. J. McVey, pp. 118), a criticism, from a Catholic point of 
view, of Mr. Henry C. Lea's well-known work. 

Noteworthy articles in periodicals : E. Zeller, Zur Vorgeschichle des 
Christenthums ; Essencr und Oiphiker (Zeitschrift fur wissenschaftliche 
Theologie, XLII. 2) ; D. J. McKinnon, The Census of Quirinius (Cath- 
olic University Bulletin, July) ; F. A. Christie, The Influence of the 
Social Question on the Genesis of Christianity (New World, June) ; F. 
Bacchus, The Succession of the Early Roman Bishops ( Dublin Review, 
April) ; The Creeds at the Council of Chalcedon (Church Quarterly Re 
view, April). 



Medieval History 179 

MEDIEVAL HISTORY. 

Dr. Adriano Cappelli, sub-archivist of the archives of state at Milan, 
has published a book of reference in which our medievalists will find ad- 
vantage, it being much ampler than similar northern manuals, Dizionario 
di Abreviature Latine ed Ltaliane, usate nelle Carte e Codici specialmente 
nel Medio-Evo (Milan, Ulrico Hoepli, pp. lxii, 435). 

The Bollandist fathers have issued the second fasciculus of the Biblio- 
theca Hagiograpliica Latina Antiquae et Mediae Aetatis, previously de- 
scribed in these pages. This number (pp. 225-464) extends from Caed- 
mon to Franciscus. The third number is to be somewhat delayed in 
order to include more of the constantly augmenting literature relating to 
St. Francis of Assisi. Indeed, so large is the increase in their material 
that the editors, instead of a volume of 900 or 1000 pages, now an- 
nounce more than 1200 pages, to be divided into two volumes. 

By the munificence of Lady Meux, Dr. E. A. Wallace Budge, of the 
British Museum, has been enabled to print a splendid volume with 125 
colored plates, entitled Lady Meux Manuscript No. 1 ; The Lives of 
Mdba' Seyon and Gabra Krestos (London, W. Griggs, pp. lxxxiii, 
144, 65), intended chiefly to illustrate the history and artistic qualities 
of the illustrations in Ethiopic manuscripts. The Ethiopic text of the 
two saints' lives, in themselves not remarkable, is presented with an 
English translation ; this is followed by a treatise on the illuminations of 
Ethiopic manuscripts, with colored reproductions of those in the manu- 
script possessed by Lady Meux and black and white reproductions of 
thirty-two others derived from the codices owned by the British Museum. 
Dr. Budge has lately published (London, Henry Frowde, pp. 601) the 
Ethiopic text of the apocryphal acts called The Contendings of the Apos- 
tles, of which Mr. S. C. Malan printed an English translation in 1871. 

In Le Schisms Oriental au XL C Steele (Paris, Leroux) M. L. Brehier 
studies especially the career of the patriarch Michael Cerularius, and the 
political and other conditions of the Byzantine Empire of his time which 
made it possible for him to effect a permanent breach between the East- 
ern and Western churches. 

Brother Benedikt Maria Reichert has published the first volume of 
the Acta Capitulorum Generaliuni in the collection of Monumenta Or- 
ditiis Fratrum Praedicatorum Historica (Rome, in domo generalitia, pp. 
326). It covers the years 1220-1303. 

The eighth volume of the edition of St. Bonaventure which is being 
prepared, with critical fidelity and scholarship, by the Franciscan fathers 
of the College of St. Bonaventure at Quaracchi, Doctoris Seraphici S. 
Bonaventurae Opera Omnia, VIII. (pp. exxiv, 758) is of especial im- 
portance for the history of the Franciscan movement during its first half- 
century ; for it contains the saint's Legenda Major and Legenda Minor 
of St. Francis, the Constitutions of Narbonne (1260), and many opus- 
cules valuable as sources of knowledge. 



i So Notes and News 

The French schools at Athens and Rome have begun in their joint 
Bibliothegue (2d series, XIV. 1) the issue of a collection of the bulls of 
Pope Nicholas III., (1277-1280), Registres de Nicolas III., Recueil des 
Bitlles de ce Rape, edited from the original manuscript of the Vatican by 
J. Gay, Part I., (Paris, Fontemoing, pp. 112). 

M. Joseph de Loye, archivist of the department of the Basses-Pyre- 
nees, has published as Fasc. 80 of the Bibliotheque des Ecolcs Francoises 
d' Athenes et de Rome a descriptive inventory of an important section of 
the Vatican archives, Archives de la Chambre Apostolique an XIV e 
Steele, chiefly financial accounts, — Introitus et Exitus, Collectoriae, Ob- 
ligationes, and Regesta Avinionensia. 

Noteworthy articles in periodicals : P. Fournier, De /'Influence de 
la Collection Irlandaise snr la Formation des Collections Canoniques 
(Nouvelle Revue Historique de Droit, XXIII. 1); W. Stieda, Die 
stadtischen Finanzcn im Mittel alter und Hire Verwaltung ( Jahrbiicher fur 
Nationalukonomie und Statistik, XVII. 1); G. Honnicke, Der Hospi- 
talorden in der zweiten Halftc des XII Jahrhitnderts (Zeitschrift fur 
wissenschaftliche Theologie, XLII. 1); E. Miintz, Z' Argent et le luxe a 
la Cour Pontificate d' 'Avignon (Revue des Questions Historiques, July). 

MODERN EUROPEAN HISTORY. 

The Revue d' Histoire Moderne et Contemporaine, the new journal to 
be issued by the house of Alphonse Picard et Fils, will be especially de- 
voted to the history of France. Besides body-articles and reviews of 
books, it will have an annual bibliography of books and articles published 
in all countries on the modern history of France. The Revue will be 
published every other month. Its price, to subscribers in foreign coun- 
tries, will be twenty francs. 

Mr. Henry Harrisse has sent us The Dieppe World Maps, 1541— 
155J, (pp. 13), reprinted from the Gottingische Gelehrte Anzeigen, in 
which he bitterly assails Mr. C. H. Coote's editing, in No. 4 of the 
Bibliothcca lindesiana, of the three mappemondes referred to. 

The Roman Institute of the Gorres Gesellschaft issues during the year 
1899 the first volume of its Collectio Tridentina, containing the journal 
of Massarelli, secretary of the council. The second volume of the journal, 
which will follow immediately, will perhaps be accompanied by the first 
volume of the acts of the council. In its series of reports of nuncios the 
society has just published those of Ottavio Mirto Frangipani from Co- 
logne, 1 587-1 590, edited by Dr. Stephan Ehses (Paderborn, F. Scho- 
ningh, pp. lxi, 544). Meanwhile the Prussian Institute, of the nuncios- 
of its section, has published the reports of Verallo, 1 546-1 547 (Gotha, 
F. A. Perthes, pp. lvi, 736). 

Baron Alberto Lumbroso's Correspondance de Joachim Murat (Turin, 
Roux Frassati and Co. ; Paris, Picard, pp. 512), containing letters from 
1 791 to 1808, will shortly be followed by a biography of Murat with, 
which the author has long been occupied. 



Great Britain 181 

Professor H. Ulmann of Greifswald describes from documentary 
materials Russisch- Preussische Politik unter Alexander I. und Priedrich 
Wilhelm III. bis 1806 (Leipzig, Duncker und Humblot, pp. 318). 

Captain F. von Ortroy has done a useful work for the student of re- 
cent diplomatic history by gathering together into one volume all the 
treaties and diplomatic acts relating to the partition of Africa, as at pres- 
ent accomplished, Conventions . Internationales definissant les limites 
actuelles des Possessions, Proteetorats et Spheres d' Influence en Afrique 
(Paris, Felix Alcan). 

Messrs. G. P. Putnam's Sons are publishing this autumn a work by 
Charles Neufeld, entitled A Prisoner of the Khaleefa ; Twelve Years' 
Captivity at Omdurman. Mr. Neufeld set out from Cairo in 1887 on a 
trading expedition to Kordofan, but was betrayed into the hands of the 
Dervishes. He gives a vivid account of his life in prison, of his fellow- 
prisoners, of his attempts to escape, of the Khalifa's government, and 
of the state of affairs in Omdurman while Kitchener's expedition was 
making its way up the Nile and during the battle which followed. 

GREAT BRITAIN. 

The British government has published the Calendar of Close Rolls 
for 1333-1337 ; a first volume (1284-1431, pp. xxxiv, 648) of In- 
quisitions and Assessments relating to Feudal Aids, with other analogous 
documents; Vol. XVIII. (1589-1590) of the Acts of the Privy Council; 
Calendar of State Papers, Domestic, May-September, 1672; Calendar 
vf Treasury Books and Papers, 1731-1734. 

The Macmillan Company announce a series of about seven volumes 
on the history of the Church of England, to be edited by the Very Rev. 
W. W. Stephens, Dean of Winchester. Rev. Dr. William Hunt will 
write the volume on the period anterior to the Norman Conquest. Later 
volumes will be written by the Dean of Winchester, Canon W. W. Capes, 
Dr. James Gairdner, Rev. W. H. Frere, Rev. W. H. Hutton, and Canon 
J. H. Overton. 

Several new volumes of town records have lately been published : 
Miss Bateson's Records of the Borough of Leicester, no 3- 1327, (Lon- 
don, Clay) ; Selections from the Municipal Chronicles of the Borough of 
Abingdon, 1 555-1897, ed. B. Challoner (Abingdon, Hooke) ; a first 
volume of Cardiff Records, ed. J. H. Matthews, published by the cor- 
poration ; and JI'Ynchester long Rolls, 1653-1 7 21, ed. C. W. Holgate 
(Winchester, Wells). 

The next volume of the Harvard Historical Studies will be The 
County Palatine of Durham ; A Study in Constitutional History, by Dr. 
Gaillard T. Lapsley. 

Professor G. W. Prothero, lately of the University of Edinburgh, 
has in preparation a volume of Select Statutes and other Documents bear- 
ing on the Constitutional History of England from A. D. 1307 to 1358, 



1 82 Notes arid News 

to be published by the Clarendon Press. The book is composed upon 
the same lines as the author's volume for the reigns of Elizabeth and 
James I., and bridges the interval between Bishop Stubbs's Select Charters 
and that book. 

Mr. George Macaulay Trevelyan, whose England in the Age of Wyc- 
liffe is reviewed on a previous page, has in the press a collection of un- 
published documents intended to form an appendix to that work. It is 
entitled The Peasants' Rising and the Lollards, and is edited by Mr. 
Trevelyan and Mr. Edgar Powell, author of a book on the rising of 138 1. 

In the Bulletin of the Royal Academy of Belgium (3d series, XXXII : 
2, pp. 65-108) Professor Henri Pirenne has an instructive dissertation 
on the Flemish Hansa at London. 

The Macmillan Company have published State Trials, Political and 
Social, in two volumes, edited by Mr. H. L. Stephen, of the Inner Tem- 
ple. Meanwhile Callaghan and Co., of Chicago, have published, with ex- 
planatory notes, the trials of Mary Queen of Scots, Sir Walter Raleigh 
and Captain Kidd, condensed and copied from Hargrave and Howell. 

A new volume in Professor York Powell's series, History from Con- 
temporary Writers, is Mr. R. S. Rait's Alary Queen of Scots, composed 
after the same plan as the issues relating to English history. Of the 
Casket Letters, Mr. Rait has printed the Scottish versions. 

Miss Cora L. Scofield of Wellesley College intends to issue this autumn 
a volume on the Star Chamber, the fruit of original studies in the sources 
at London. 

The third volume of the Clarke Papers, edited for the Royal His- 
torical Society by Mr. Charles H. Firth, is about to be issued, if not 
already issued at the time of publication of these pages. 

Mr. C. H. Firth's Scotland and the Protectorate, published by the 
Scottish History Society, is a continuation of his Scotland and the Com- 
monwealth, published by the same body in 1895, and contains letters 
and papers relating to the military government of Scotland from Janu- 
ary 1654 to June 1659. The society has also published the first volume 
(15 72-1697, pp. xxv, 604) of Mr. Ferguson's Papers illustrating the 
History of the Scots Brigade in the Service of the United Netherlands. 

Vol. II. of Mr. Osmund Airy's admirable edition of Burnet's History 
of My Own Time (Clarendon Press) is announced as in the press. 

Messrs. Harper and Brothers are the American publishers of Selections 
from the Manuscripts of Lady Louisa Stuart (pp. 310) youngest daughter 
of John, earl of Bute, the prime minister. She died in 1851, in her 
ninety-fourth year, and her recollections are of much interest. The vol- 
ume is edited by Mr. James Home. 

The latest addition to the series of " Builders of Greater Britain" 
(Longmans) is a volume on Admiral Phillip ; The Founding of New 
South Wales, by Louis Becke and Walter Jeffery. 



France 183 

Mr. Francis Edwards, of 83 High Street, London, will publish a 
notable Bibliography of Australasia and Polynesia, prepared by Mr. Ed- 
ward A. Petherick. More than thirty thousand titles will be given, 
titles of publications in all languages, and the greatest pains will be 
taken to secure convenience of arrangement and fulness of indexing. 

Lady Betty Balfour, daughter of the late Lord Lytton, is bringing 
out a History of Lord Lytton' s Indian Administration, compiled from Let- 
ters atid Official Papers. 

Noteworthy articles in periodicals : Roman Britain (Edinburgh Re- 
view, April); J. Davidson, England and Her Colonies, i/Sj-lSp/ 
(Political Science Quarterly, June). 

FRANCE. 

In the Compte-Rendu of the Academy of the Moral and Political Si 
ences for May and June, M. E. Levasseur presents a further report rpon 
systematic researches conducted in the departmental and communal ar- 
chives, for materials on the history of industries and of the working-class 
in the period anterior to 1789. 

The record-commission of the Department of the Marine has pub- 
lished an Etat Sommaire des Archives de la Marine antericures a la Revo- 
lution, edited by D. Neuville, a guide or list of the greatest value to stu- 
dents of French naval history. 

The Abbe Ulysse Chevalier, as a pious work of friendship toward the 
late Abbe Albanes, has brought out a second volume of the latter' s Gallia 
Christiana Novissima (Valence, Imprimerie Valentinoise) for which he 
left notes abundant. The new volume contains an indispensable array 
of documents relating to the church and bishops of Marseilles. A third 
volume will also be published, containing the similar material relating to 
the church of Aries. 

Dom Bade Plaine, in a book based on most careful investigations, 
La Colonisation de /' ' Armorique par les Bretons Insulaircs (Paris, Al- 
phonse Picard), concludes that that colonization took place in a peaceful 
manner, and about the year 400 A. D. 

St. Maur, according to the life by Faustus and Odo {Acta Sanctorum, 
Jan. 15), settled in 543 at Glanfeuil, upon lands offered him by a noble 
named Floras, and there constructed various monastic buildings, and died 
and was buried. At the request of the present abbot, Father C. de la 
Croix, S. J. , has recently made excavations upon the spot, which, fol- 
lowing the indications given by Faustus and Odo, have resulted in the 
discovery of the outlines of the villa of Floras, a nymphaeum belonging 
to it, the chapels built by the saint, his habitation and his sarcophagus. 
Father de la Croix sends us Eouilles Archeologiques de V Abbaye de St. 
Maur de Glanfeuil (Paris, Alphonse Picard, pp. 24, quarto) in which 
these excavations and discoveries are described, with plates illustrating 
them with great completeness. 



184 Notes and News 

M. Robert Parisot's Le Royaume de Lorraine sous les Carolingiens 
(Paris, Picard, pp. 800), a model book of provincial history, extends 
from the date of the treaty of Verdun, 843, to 923, when the authority 
of the German kings was definitely established. M. Parisot writes neither 
as French nor as German ; his main thesis is that, contrary to the usual 
opinion, Lotharingia had as much vitality as either the eastern or the 
western kingdom, and but for an unusual combination of mischances 
might have endured many ages. The Academy of Inscriptions and Belles 
Lettres has bestowed its first prix Gobert on M. Parisot's work. 

Colonel Borrelli de Serres, in a volume entitled La Reunion des Pro- 
vinces Septentrionales {Amienois, Artois, Vermandois, Valois) a la Couronne 
par Philippe-Auguste (Paris, Picard), re-examines the whole matter em- 
braced within his scheme in the light of the' evidence now attainable, 
especially that of charters, and corrects with great care the genealogical 
and other details heretofore accepted. 

In the Collection de Texfes pour servir a V Etude et a I 'Enseignement 
de V Histoire M. Fr. Funck-Brentano has published a text of the Chro- 
nique Artesiennc, 1 294-1304, sometimes known by the name of Guy de 
Dampierre ; he has also printed among his notes copious extracts from 
a chronicle of Tournay, which, though later, is of some importance for 
the period covered by his chief text. For the same series M. Salmon has 
undertaken a new edition of Beaumanoir's Continues de Beauvaisis, in 
two volumes. The first has appeared (Picard); the second will contain 
the critical preface. 

In the Annuaire- Bulletin of the Societe de 1' Histoire de France for 
1899 M. Jules Viard presents the results of an examination of more than 
six hundred " lettres d'etat " of Philippe de Valois, with a list of the 
documents themselves, often of considerable historical interest. 

In Vol. 36 of the Notices et Extraits M. Paul Meyer brings forward 
a large amount of matter interesting to the history of medieval civiliza- 
tion in the south of France, from the journal of Ugo Teralh, cloth-mer- 
chant of Forcalquier, 1330-1332. The book, badly mutilated and 
fragmentary, is one in which the buyers have set down in their own 
handwriting, sometimes in Hebrew script, the details of their purchases 
and debts. 

An analytical and critical list of the acts of Charles VII. is to be ex- 
pected at the hands of the Marquis de Beaucourt. 

The Marquis de Belleval has brought out the first volume, devoted to 
the reign of Francis II., of an interesting work called Les Eils de Henri 
LL.; La Cour, la Ville et la Societe de leur Temps (Paris, E. Lechevalier, 
pp. 680), in which he depicts court, clergy and nobles as they have de- 
picted themselves in published writings, letters, inventories, etc. 

The third volume of M. Paul de Felice's Les Protestants d' Autrefois 
(Paris, Fischbacher, pp. 397) treats, with the same minute fidelity which 
characterized his previous volumes, the organization of the Protestant 



France 185 

churches during the period from 1598 to 1685, and the mode in which, 
through institutions severe and oligarchical, their ecclesiastical business 
was conducted. 

M. Berthold Zeller, before his death, had corrected the proof-sheets 
of still another volume devoted to the period of Marie de Medici's, which 
has now been published, Louis XIII., Marie de Media's, Richelieu 
Minis Ire. 

Under the title Les Demiers Temps du Siege de la Rochelle (Paris, 
Picard, pp. 144) M. E. Rodocanachi presents in Italian text with French 
translation the relation of the last five months of the siege (June-Octo- 
ber, 1628) written by the papal nuncio, Guidi, archbishop of Patras. 
The document, preserved in the Barberini Library, is of capital impor- 
tance, as the nuncio was constantly present during these months and de- 
scribes in a straightforward and colorless manner what he saw. M. Rodo- 
canachi adds some portions of the nuncio's correspondence, and a plan 
of Rochelle and the lines of investment, found at the Bibliotheque Na- 
tionale. 

The French government has published the second and third volumes 
( 1 701-17 93, pp. xl, 434, 498) of the Spanish section of its Recueil 
des Instructions donnees aux Ambassadeurs et Ministres de la France, edited 
by MM. A. Morel-Fatio and H. Leonardon. 

M. Camille Rabaud, honorary president of the consistory of Castres, 
published in 1873 the first volume of an Histoire du Protestantisme dans 
r Albigeois et le Lauraguais, which extended to the fatal year 1685. 
Now, after a generation of researches in public, parochial and private 
sources of information, he publishes a valuable second volume (Paris, 
Fischbacher, pp. 642) extending from the Revocation to the present time, 
and exhibiting with fulness the life and the persecutions of the Huguenots. 

Father A. Roussel, of the Oratory, with abundance of original docu- 
ments and with much historical skill, has made out of the life of a "con- 
stitutional" bishop of Ille-et-Vilaine, Le Coz, an important contribution 
to the general subject of the ecclesiastical struggles under the Revolution 
and the Directory, and has justified the title Un Fvcque Assermente 
(Paris, Lethielleux, pp. 565) by the exposition of the typical nature of 
the facts with which he deals. 

M. Leon Deschamps, author of an Histoire de la Question Coloniale 
en France, has now begun the publication of a valuable series of volumes 
on Les Colonies pendant la Revolution. The first (Paris, Perrin, pp. 346) 
is devoted to the dealings of the Constituent Assembly with colonial af- 
fairs ; the author regards their labors in this department with more favor 
than has hitherto been usual. 

Dr. G. Thomas de Closmadeuc, after minute researches in the original 
sources, especially in the papers of the military commissions which sat at 
Auray, Quiberon and Vannes, has published what may almost be regarded 
as a final account of the descent of the emigres in 1795, Quiberon, 



1 86 Notes and News 

J 795 >' Emigre's ct Chouans, Commissions Militaires, Lnterrogatoires et 
Jugements (Paris, Societe d' Editions Litteraires, pp. 603). He dis- 
sipates the legend of the capitulation of Sombreuil. To him, however, 
Father Robert of the Oratory at Rennes replies in a considerable book 
entitled i/pj ; Expedition des Emigres a Quiberon ; Le Comte d'Arfois 
a V lie d' Yen (Paris, Lamulle et Poisson, pp. 372). 

Under the title Bonaparte ct les Bourbons (Paris, Plon) Count 
Remacle has published, with introduction and notes, a series of the secret 
reports sent to Louis XVIII. in 1802 and 1803 by his agents at Paris. 

Attractions both of subject and of treatment have brought almost im- 
mediately to a second edition Captain Emile Simon's Le Capitaine La 
Tonr d' ' Auvergnc, Premier Grenadier de la Ripublique (Paris, Charles- 
Lavauzelle, pp. 352). 

Noteworthy articles in periodicals : Guilhiermoz, Les deux Condam- 
nations de Jean Sans- Te7-re par la Cour de Philippe-Anguste et P Origine 
des Pairs de Era nee (Bibliotheque de l'Ecole de Chartes, 1899, 1) ; A. 
Spont, Marignan et /' Organisation Militaire sous Francois L" (Revue des 
Questions Historiques, July) ; A. Tilley, Some Pamphlets of the Erench 
Wars of Religion (English Historical Review, July) ; X. Mossmann, 
La France et T Alsace apres la Paix de JJ'estphalie, II. (Revue Histori- 
que, July) ; Le Teo, Le Club Breton et les Origines des Jacobins (La 
Revolution Francaise, May 14) ; Baron P. de Coubertin, Modern His- 
tory and Historians in France (American Monthly Review of Reviews, 

J«iy)- 

ITALY, SPAIN. 

M. Leon-G. Pelissier reviews recent historical work in Italy, in the 
July number of the Revue des Questions Historiques. 

The Archivio della Rcale Societd Romana di Storia Patria, XXII. 
fasc. I. -II., consists mostly of articles continued from previous issues: 
letters from the monastery of Saints Cosmas and Damianus in Mica 
Aurea, ed. P. Fedele ; F. Pometti's studies on the pontificate of Clement 
XL; and regesta of the monastery of St. Silvester in Capite, ed. V. 
Federici. There is also a critical account of the battle of the Garigliano, 
915, by P. Fedele. 

Father Fedele Savio, in his Gli Antichi Vescovi d' Ltalia dalle Origin! 
al 1300 descritti per Region!, has begun to do over again on a systematic 
plan the work which was done in the seventeenth century by Ughelli in 
his Ltalia Sacra ; but he proposes to proceed modestly and tentatively, 
province by province, and makes a beginning with his own province of 
Piedmont. In his first volume (Turin, Bocca, pp. 625) he covers the 
episcopal lists of that province, and presents besides an interesting 
series of special dissertations. 

In the Nuovo Archivio Veneto, XVII. 1, Professor Carlo Cipolla gives 
a general review of the publications of 1896 on medieval Italian history. 



Italy, Spain 1 87 

The historical congress commemorating the eleven -hundredth anni- 
versary of the death of Paulus Diaconus was held at Cividale del Friuli 
on September 3-8. It is expected that at least a portion of the papers 
presented will be published in a memorial volume. 

Mr. Paget Toynbee of Balliol College, Oxford, has just brought out 
(Clarendon Press) A Dictionary of Proper Names and Notable Matters 
in the Works of Dante (pp. 624), in which, with his well-known accu- 
racy of scholarship, he has presented a vast amount of information 
largely historical in its character. Genealogical and chronological tables, 
in further illustration of Dante's numerous historical allusions, have been 
appended. 

Professor Isidoro del Lungo follows up his last year's volume of 
essays on the age and poem of Dante by a book of studies of Florentine 
history in Dante's time called Da Bonifazio VIII. ad Arrigo VII. (Milan, 
Ulrico Hoepli, pp. 474). 

Figure e Figurine del Secolo che Muore, by Raffaello Barbiera (Milan, 
Fratelli Treves) has had a great success in Italy. It belongs to the liter- 
ature of gossip and scandal rather than to that of history, and yet it con- 
tains so much miscellaneous information about historical characters that 
it deserves mention here. Especially full is the account of Confalonieri 
and the Carbonari conspirators of 182 1, of the Mazzinian conspirators of 
1834 and 1844, and of the reign of the ballet dancers at Milan. Sig. 
Barbiera has ransacked the Austrian secret police archives, as well as 
most of the personal memoirs relating to life in Milan during this 
century. 

Temple Bar for July contained an article by the Countess Evelyn 
Martinengo-Cesaresco, on Duke Sigismondo Castromediano, one of the 
Neapolitan Liberals of 1848, who was imprisoned for many years by 
King Bomba. He died recently, and bequeathed his memoirs to the 
city of Lecce, which has published them. 

In an excellent little volume of a hundred pages, Marzo 1848-Marzo 
1849 (Novara, A. Merati), Professor Alfonso Professione commem- 
orates the fiftieth anniversary of the battle of Novara by a narrative which 
includes, by way of introduction, the events of the preceding year. For 
his account of the battle he relies largely on a report made by the Duke 
of Genoa to General Chrzanowski, and on a report by Major Righini, 
chief of the general staff. 

Signor A. Plebano has begun the publication of a Storia delta 
Finanza Italiana dalla Costituzione del Nuovo Regno alia Fine del sec. 
XIX., of which Vol. I. (Turin, Roux Frassati and Co., pp. 520) extends 
from 1 86 1 to 1876. 

A highly important contribution to the history of the early finances of 
Genoa, and of much more than merely local importance, is the treatise 
on Genueser Finanzwesen mit besonderer Berilcksichtigung der Casa di 
San Giorgio which Professor Heinrich Sieveking has begun to publish, 



1 88 Nates and News 

after careful independent studies of the various archive material as well 
as of the abundant stores published in recent years by the Societa Ligure 
di Storia Patria. The first volume (Freiburg, Herder, pp. 218) dis- 
cusses the taxation, indebtedness and general finance of Genoa down to 
the foundation of the Bank of St. George. 

Vols. XXI. and XXII. of the second series of the Monumenta His- 
torica Patriae (Turin, Fratelli Bocca) consist of a Codex Diplomatiais 
Cremonae, edited with great care by Professor Lorenzo Astegiano, and 
extending from the earliest times (in which the documents are quoted in 
extenso) down to 1335. A first volume of such a cartulary had been 
printed in 1878 by the late Francesco Robolotti ; but that edition was 
found to be so imperfect, and Signor Astegiano' s tireless researches had 
brought to light so many new documents, that a new edition of the whole 
was resolved on. More than 3200 documents are printed or listed, so 
that abundant materials are provided for the history of the town from the 
eighth and ninth centuries to the extinction of its independence. The 
second volume also contains the editor's Ricerche sulla Storia Civile del 
Comune di Cremona fino al 1334, which was crowned by the Accademia 
dei Lincei in 1S89. 

Dr. A. Lisini, archivist at Siena, has published the first volume of an 
Inventario del R. Archivio di Stato di Siena (Siena, L. Lazzeri). The 
collection is an important one, the documents ranging in date from 736 
down and numbering some fifty-five thousand parchments. 

A large part of the last number we have received of the Revista Cri- 
tiea de Historia v Liteiatura (October-December, 1898) is devoted to a 
survey of the life and works of the distinguished historical writer, Don 
Marcos Jimenez de la Espada, who died in last October. 

Noteworthy articles in periodicals : K. Zeumer, Zur Geschiehte der 
wisigothisehen Gesetzgebung, III. (Neues Archiv, XXIV. 2) ; G. Salve- 
mini, Le Consulte dei Consigli Fiorentini (Archivio Storico Italiano, 
XXIII. 1) ; A. T. Mahan, The Neapolitan Republicans and A r elsoti s 
Accusers (English Historical Review, July) ; Un Po' Piii di Luce sulla 
Convenzione del 15 Settembre 1864 (Nuova Antologia, March 1). 

GERMANY, AUSTRIA. 

The directors of the Monumenta Germaniae Historica announce that 
they have in the press their fourth volume of Merovingian sources, com- 
prising the works of Jonas of Bobbio, ed. Krusch ; Deutsche Chroniken, 
Vol. III., ed. Strauch ; Leges Visigothorum ; and the index to Vol. II. 
of the Necrologia Germaniae. The printing of the Carolingian docu- 
ments (-814, ed. Miihlbacher) will be begun before long. A fourteenth 
volume of the Auctores Antiquissimi is planned, to be entitled Carmina 
Selecta Aetatis Romanae Extremae, and to contain fragments of Mero- 
baudes and Dracontius and a variety of poems of historical interest ema- 
nating from the times of Vandal dominion in Spain and Africa. Professor 
Paul Kehr of Gottingen has undertaken the continuation of the Liber 



Germany, Austria 1 89 

Pontificalis, begun by Mommsen ; Professor Michael Tangl of Berlin 
that of the Frankish and Lombard judicial documents begun by Hiibner. 
In the " Handausgaben " a new edition of the Vita Heinrici IV., ed. 
Eberhard, is issued, and one of the works of Hrotsvitha, ed. Winterfeld, 
is projected. Vol. II. of Hartmann's edition of the register of Pope 
Gregory I. (begun by the late Paul Ewald) is now completed. 

Professor F. von Thudichum's suggestion (1892) of a general histo- 
rical map of Germany on a scale of 1 : 100,000 now wins general approval. 
Most of the historical commissions of the various states have signified a 
willingness to co-operate. Detailed indications respecting the project 
may be seen in Erliiuterungen zur historisch-statistischen Grundkarte fur 
Deutschland (Leipzig, B. G. Teubner, pp. 16) by H. Ermisch, issued 
by the Saxon Commission. 

Translations and Reprints, VI. 3, of the University of Pennsylvania 
is entitled The Early Germans. Of its 36 pages, 23 are from Church and 
Brodribb's Tacitus. The pieces which follow, from Josephus and Am- 
mian, can hardly be thought adequate, for so large a subject. 

The Gutenberg festival at Mainz is fixed for June 24, 1900. 

The Bavarian Academy of Sciences plans a publication of the cor- 
respondence of the South German humanists (-1550), and has sent out 
circulars requesting the co-operation of librarians in whose custody such 
letters may be found. 

Paulus's Johann Tetzel, der Ablassprediger (Mainz, Kirchheim, pp. 
187) is to be recommended as a monograph of admirable quality, by 
reason both of the author's command of the sources and of his critical 
acumen. 

The Hansische Geschichtsverein expects shortly to bring out the 
second volume (1572-1592) of the Kolner Inventare, ed. K. Hohlbaum, 
and a Geschichte and Akfen der Bergenfahrer in Lubeck, ed. F. Burns, 
forming the second volume of the new series of Hansische Geschichtsquel- 
len and following closely the lines of F. Siewert's Geschichte itnd Urkun- 
den der Rigafahrer in Lubeck im 16. i/nd i~. Jahrhundert, recently pub- 
lished by the society. 

In the " Bibliothek deutscher Geschichte," which appears in parts, 
the first volume of Professor K. Th. Heigel's Deutsche Geschichte voin 
Tode Friedrichs des Grossen bis zur Auflosung des a/ten Reiches is now 
completed (Stuttgart, Cotta, pp. 574). It extends to the first cam- 
paign in France (1786-17 92). 

In two articles in the Deutsche Rundschau, for April and May, Pro- 
fessor Erich Marcks presents an excellent general and critical review of 
Bismarck's memoirs and of the Bismarck literature of the past year. 
Dr. Max Lenz follows up the same subject in the same journal for June, 
Professor Hans Delbriick in the Preussische Jahrbiicher for June. 

It is proposed to establish at Stendal in the Altmark a Bismarck Ar- 



190 Notes and News 

chive, for the reception of documents and books relating to Bismarck's 
career, and for a museum of portraits, medals and other objects of per- 
sonal interest. An adequate building and endowment are sought by a 
committee, of which Oberbiirgermeister Werner is the head. 

Upon occasion of the seventieth year of the life of King Albert of 
Saxony and the twenty-fifth year of his reign, Dr. Paul Hassel, director 
of the royal archives, was charged with the preparation of an official 
biography of the King, considered in relation to the history of his times. 
Of this work the first part, relating to the years from 1828 to 1854 (when 
King John came to the throne) and to the history of Saxony during that 
time, has now been published, Kbnig Albrccht von Sachsen (Berlin, E. 
S. Mittler und Sohn). 

Erinnerungen aus dem Leben des Generaladjutanten Kaiser Wilhelm' 's 
I. Hermann von Boyen, published by Boyen's son-in-law Wolf von Tump- 
ling (Berlin, E. S. Mittler und Sohn, pp. 244) owes its importance and 
interest, which are considerable, to the fact that Boyen was for thirty-one 
years (184S-1879) constantly in the personal service of the King and 
Emperor. A keen observer and a good narrator, he has much to say of 
the beginnings of the regency, of wars, negotiations and personalities 
during the eventful years named. 

Two interesting contributions to a knowledge of the life of Gre- 
gorovius have been published by Paetel in Berlin : a series of his letters 
to the Countess Ersilia Caetani Lovatelli, edited by Sigmund Miinz, and 
another, of letters to the Secretary of State Hermann von Thile, edited 
by Hermann von Petersdorff. 

The important position which has been held in the trade of the Le- 
vant by the thaler of Maria Theresa is well known. Even so late as in 
the years 1892— 1897 inclusive, it appears, twenty-three millions of them 
were struck, all with the date 1780. The history of this coin and of its 
vogue in Turkey and in Oriental and African lands has been elaborately 
worked out by Herr C. Peetz and Dr. J. Raudnitz, Geschichte des Maria 
Theresienthalers (Vienna, Grafer). 

Dr. Luckwaldt's important Oesterreich und die Anfange des Be- 
freiungskrieges von 181 j (Berlin, Ebering, pp. 407), confirms the usual 
view of Metternich's policy during that momentous crisis, but is adapted 
to heighten the general impression of the high-minded patriotism of 
Count Stadion. 

Vol. I. of Professor Adolf Bachmann's Geschichte Bohmens (Gotha, 
F. A. Perthes, pp. 911), in the Heeren and Ukert series, extends to the 
year 1400. 

Noteworthy articles in periodicals : W. Schiicking, Ueber die Entste- 
hungszeit und Einheitlichkeit der Lex Saxonum (Neues Archiv, XXIV. 
2) ; B. von Simson, Die wiederaufgefundene Vorlage der Annales Mettenses 
(Neues Archiv, XXIV. 2) ; W. Sickel, Die Kaiserwalii Karl' s des Gros- 
sest (Mittheilungen des Instituts fur osterreichische Geschichtsforschung, 



Northern mid Eastern Europe 191 

XX. 1) ; H. Witte, Uber die ' Abstamtnung der Hohenzollern (Historische 
Zeitschrift, LXXXIII. 2). 

NETHERLANDS AND BELGIUM. 

The Bijdragen voor Vaderlandsche Geschiedenis en Oudhetdkunde, the 
oldest of the Dutch historical journals, began this summer a fourth series, 
under the editorship of Professors P. J. Blok and P. L. Muller of Ley- 
den. Hereafter each number will contain reviews of books and arti- 
cles on the history of the Netherlands. 

Professor Paul Fredericq of Ghent has well under way the third 
volume of his Geschiedenis der Inquisitie in de Nederlanden, which will 
stop at the reorganization effected by Charles V.; and also the third vol- 
ume of his Corpus Documentoriim Inquisitionis Haereticae Pravitatis Neer- 
landicae, which will contain pieces of the sixteenth century relative to the 
first persecutions of the Protestants. 

In the Bijdragen en Mededeelingen of the Historical Society of Utrecht 
Mr. G. W. Kernkamp prints a number of papers relating to the Noord- 
Compagnie, ranging in date from 1615 to 1628. 

The new Belgian historical journal, Archives Beiges, will be pub- 
lished at Liege (Rue Hemricourt 14), under the care of Professor A. 
Delescluze as managing editor. 

NORTHERN AND EASTERN EUROPE. 

The work on the Helgi poems in the Elder Edda, their home and 
connections, by Professor Sophus Bugge of Christiania, has been trans- 
lated from the Norwegian by an American scholar, Mr. W. H. Schofield, 
and published by David Nutt of London under the title The Home of 
the Eddie Poems, with especial reference to the Helgi Lays. 

The University of Upsala issues, in the annual of its philosophic de- 
partment, Dr. P. Girgensohn's Skandinavische Politik der Hansa IJ75- 
1395 (PP- 200). 

Perhaps no more important brief general work on Russian history 
has lately appeared in Germany than Drei Jahrhunderte Russischer Ge- 
schichtc : Uberblick der Geschichfe Ritsslands seit Thronbesteigung der 
Romanow bis jetzt, 1598-1898, by Professor Arthur Kleinschmidt of 
Heidelberg (Berlin, Johannes Rade). 

A series of Pontes Rerum Polonicarum for school use has been begun 
at Lemberg (Gubrynowicz and Schmidt) with an edition of Galli Ano- 
nymi Chronicon, by Finkel and Ketrzynski. 

In a volume entitled Lasciana nebst den altesten evangelischen Syno- 
dalprotokollen Polens 1555-61 (Berlin, Reuther und Reichard, pp. xvi, 
575), Dr. Hermann Dalton has supplemented his work on Johannes a Lasco 
published in 1881 by new material, which falls in three divisions. The 
first contains pieces mostly theological ; the second, 108 letters of Laski, 
collected with great industry from a wide variety of repositories ; the 
third, the synodal records alluded to in the title. 



192 Notes and News 

The memoirs of the King of Rumania, Aufzeichnungen eines Augenzeu- 
gen, have been translated into English in an abridged form (one volume, 
pp. 367), and are published by Messrs. Harper and Brothers, with an in- 
troduction by Mr. Sidney Whitman. 

An important contribution to Rumanian history is made by the re- 
cent publication of the Memoires of Prince Nicolas Soutzo, 1 798-1 871, 
grand logothete of Moldavia. They are edited by Mr. PanaToti Rizos, 
and published at Vienna (Gerold, pp. 434). 

The Cretan war of 1667-1669 is the subject of No. 26 of the mono- 
graphs in military history published by the Prussian General Staff. It has 
been written with great care and skill by Colonel Bigge. 

AMERICA. 

The Commerce Clause of the Federal Constitution, by E. P. Prentice 
and G. Egan (Chicago, Callaghan) is in large part historical, discussing 
the development of the interpretation of that clause by the courts, and 
other historical aspects of the provision involved. 

Centralized Administration of Liquor Laws in the American Common- 
wealths (Columbia University "Studies," X. 3), by Mr. C. M. L. 
Sites, is partly historical in its character. The chapters relate respec- 
tively to excise revenue administration, restrictive license administration, 
repressive police administration, commercial administration and judicial 
administration, and each begins with a historical sketch of the develop- 
ment of that mode of administration in the various states. (Macmil- 
lan, pp. 162.) 

The Macmillan Co. publish, early this autumn, a volume of Select 
Charters and other Documents illustrative of American History, 1606— 
1775, by Professor William MacDonald of Bowdoin College, similar in 
plan to his Select Documents illustrative of the History of the United States, 
1776-1861. 

Mr. Thwaites's edition of the Jesuit Relations, to which we shall 
recur in a later issue, has reached Vols. XLIX. and L. , which are mainly 
occupied with narratives from Francois le Mercier, written at Quebec in 
1665, 1666 and 1667. 

The "American Architect and Building News " Company has issued 
a portfolio of plates, prepared by various architects, entitled The Georgian 
Period, and containing measured drawings, details, picturesque sketches 
and photographic reproductions of colonial work in New Hampshire, 
Massachusetts, New York, Pennsylvania, Maryland and South Carolina. 
The selection and the execution are such as to make the book a delight 
to students of early American art. 

The Werner Co., of Akron, Ohio, are publishing a large work on 
The United States Army and Navy, iy/6-l8pp, for which Lieut. -Col. 
A. L. Wagner, U. S. A., has described the army, and Commander J. D. 
Jerrold Kelley, U. S. N. , the navy. The volume is amply illustrated. 



America 193 

Mr. George Clinton Genet, son of Edmond Charles Genet, the 
envoy of 1793, has printed a pamphlet entitled Washington, Jefferson 
and " Citizen " Genet, in which, partly from family documents, he argues 
. against the usual judgment of historical writers respecting Genet's con- 
duct of his mission to the United States. 

Vol. VI., No. 2, of the Pennsylvania Translations and Reprints con- 
tains the important portions of the " X.Y.Z. Letters," edited by Profes- 
sors Ames and McMaster. 

Mr. C. W. Sommerville has published (Washington, The Neale Co.) 
a Johns Hopkins doctoral dissertation on the life of Robert Goodloe 
Harper. 

The Government Printing Office has begun the issue of Series 2 of 
the Official Records of the War of the Rebellion. Of the first three vol- 
umes (pp. 1044, 1630, 946), two relate to the treatment of disloyal 
persons, North and South, while the third makes a beginning of the 
documents relating to prisoners of war and state. 

We understand that Captain John Bigelovv, Jr., U. S. A., has nearly 
ready for publication an extensive book on the Chancellorsville campaign. 

Rev. George Nye Boardman, an emeritus professor in the Chicago 
Theological Seminary, has published, under the title A History of New 
England Theology (New York, A. D. F. Randolph and Co., pp. 314), 
an account, having its origin in seminary lectures, of the development 
of the " new divinity" from 1730 to 1830. 

The Massachusetts Society of Mayflower Descendants began in Jan- 
uary the publication of an organ called The Mayflower Descendant. The 
first number contained extracts from the " Brewster Book," and other 
genealogical records, and made a beginning of the transcription of the 
earliest Plymouth Colony wills and inventories. The Massachusetts So- 
ciety proposes an extensive search in England and Holland for record 
information relating to the passengers in the Mayflower, Fortune, Ann 
and Little James. No. 2 begins the publication of the second volume of 
Plymouth Colony deeds, of which the state published one volume in 
1 86 1, but no more. 

The Publications of the Rhode Island Historical Society for July con- 
tains the first installment of a diary, kept during the Burgoyne campaign 
by Rev. Dr. Enos Hitchcock, chaplain, who was afterward, 1783-1803, 
minister of the First Congregational Church in Providence. The diary 
is ably and entertainingly edited by Mr. William B. Weeden, who has 
prefixed to the present installment a brief account of Dr. Hitchcock and 
a sermon of his entitled "A Devout Soldier," preached at West Point 
in 1782. 

The latest annual report of the Connecticut Historical Society records 
the gift, by the heirs of the late Jonathan F. Morris of Hartford, of sev- 
eral thousand letters and papers of Commissary-General Jeremiah Wads- 
worth from the end of the Revolution to his death. These supplement 

VOL. VI. — 13. 



194 Notes and News 

his Revolutionary correspondence already presented by the same family. 
The society has also acquired a considerable portion of the correspond- 
ence of the late Hon. Gideon Welles, Secretary of the Navv during the 
Civil War. 

For students of New England ecclesiastical history, much interest at- 
taches to those " Separatist " churches which were formed in Connecti- 
cut in the middle of the last century, as a result of the " Great Awaken- 
ing " and of the division between the Old Lights and the New Lights. 
Rev. Oliver W. Means has studied carefully the history of one of these 
churches, and gives the results in a pamphlet of 58 pages called The 
Strict Congregational Church of Enfield, a thesis presented to the faculty 
of the Hartford Theological Seminary as a part of the qualifications for 
the degree of Doctor of Philosophy. 

The New York State Library Bulletin, History, No. 2 (pp. 53-204) 
is made up from the manuscript volume of colonial records called " Gen- 
eral Entries, Vol. I.," which extends from July 1664 to September 
1665, and contains documents relating to the surrender, and records of 
the secretary of the province as to various matters requiring adjustment 
in the first year of English rule. The Bulletin contains a calendar of all 
the documents in the volume, and the text of about 150 documents, of 
which indeed a third had been printed before, but which are of value for 
the history of a transitional period. The bulletin was edited by Mr. 
George R. Howell. Bulletin No. j is an admirably executed Annotated 
List of the Principal Manuscripts in the New York State Library, accom- 
panied by a bibliography of writings relating to those manuscripts (pp. 
209-237). 

From the latest annual report of the comptroller of the state of New 
York it appears that the work of arranging the documents relating to the 
Revolutionary War and putting them in proper form for preservation and 
consultation has been carried out with great thoroughness. The names 
of 128 officers and 1884 men, in the line, the levies or the privateers, 
have been added to the former record, and a second edition of New York 
in the Revolution, containing these names, and also those of men en- 
listed under the " land bounty rights," has been published. 

The June and July numbers of the Bulletin of the New York Public 
Library continue, and apparently conclude, the publication of the Smith 
of Nibley papers, relating to early Virginian history ; the August number 
contains an interesting series of letters of Calhoun to Samuel L. Gouver- 
neur, son-in-law of President Monroe. They exhibit Calhoun's attitude 
toward New York politics during a considerable number of years. 

The Collegiate Reformed Protestant Dutch Church, New York, has 
published A Brief Account of our Historic Church, presenting, with many 
pictorial illustrations, an account of the development of that denomina- 
tion from T566 to the present time, with especial attention to the church 
in New York. 



America 1 9 5 

The copies of documents from ecclesiastical archives in Amsterdam 
and the Hague, which Dr. E. T. Corwin procured as agent of the Dutch 
Reformed Church in America, will, it is estimated, make about two vol- 
umes of print. Dr. Corwin is now engaged in preparing them for pub- 
lication by the State of New York. 

Two excellent recent volumes of Long Island history are The Social 
History of Flatbush, by Gertrude Lefferts Vanderbilt (Appleton), and a 
History of the Town of Flushing, by Henry D. Waller (Flushing, T. H. 
Ridenour). 

Mr. Frank H. Severance, editor of the Illustrated Buffalo Express, 
is about to publish a volume of historical studies entitled Old Trails on 
the Niagara Frontier. 

Mr. William Nelson, Jr., corresponding Secretary of the New Jersey 
Historical Society, intends to publish a full bibliography of the New 
Jersey imprints of the last century. A preliminary check-list has al- 
ready been printed in a small number of copies. 

The July number of the Pennsylvania Magazine of History contains, 
besides continuations of articles begun in previous numbers, an article 
by Dr. W. H. Egle on the " Buckshot War" of 1838, a defence of the 
Hessians, translated from the German, and several biographical letters 
derived from among the Rawle papers. 

The Columbia Historical Society, of Washington, D. C, has issued 
Vol. II. of its Records. The volume is mainly occupied with material 
relating to Major Pierre Charles L' Enfant, the engineer who planned the 
city, and with memorials of the former mayors of Washington. 

In the twenty-sixth volume of the Papers of the Southern Historical 
Society, edited by Dr. R. A. Brock, the most interesting matters are an 
article by Professor W. LeRoy Broun, on the difficulties and successes 
attending the work of the Confederate ordnance department, and a criti- 
cism of the campaign and battle of Gettysburg by Major-General Isaac 
R. Trimble, who commanded a division in that fight. 

The Virginia Magazine of History for July contains a continuation of 
John Redd's quaint reminiscences of Western Virginia from 1770 to 
1790 ; of the inventory of Robert Carter ; of the abstracts of Virginia 
land-patents ; and of the late Mr. Sainsbury's abstracts. Of the latter, 
the installment now published relates to the commission of 1624 for de- 
vising a new government for the colony. The will of Christopher Rob- 
inson, 1693, is printed. Mr. Joseph A. Waddell, author of the well- 
known history of Augusta County, contributes a chapter on " How the 
First Settlers of the Valley Lived." The remainder of the contents is 
of genealogical rather than historical interest. 

Mr. Robert Lee Traylor has printed, in fifty copies, Some Notes on 
the First Recorded Visit of White Men to the Site of the Present City of 
Richmond, Virginia, in which he has embodied the pertinent extracts 
from Archer, Percy and Smith. 



196 Notes and Nezus 

In the Nation of September 21 Mr. W. H. Whitmore of Boston 
gives a lucid and convenient summary of those modern researches by 
which the pedigree of Washington, i. <?. , of his emigrant ancestor, John 
Washington, has been established. 

In his Lives of Distinguished North Carolinians (Raleigh, North 
Carolina Publishing Society, pp. 605) Mr. W. J. Peele has gathered to- 
gether from various sources fifteen North Carolina biographical sketches 
printed in former times, but now difficult to obtain. The subjects are 
Davie, Macon, Murphey, Gaston, Badger, Swain, Ruffin, Bragg, Graham, 
Moore, Pettigrew, Pender, Ramseur, Grimes and D. H. Hill. Speci- 
mens of their writings have in some cases been added. 

In the July number of the Publications of the Southern History As- 
sociation, Mr. A. S. Salley of South Carolina prints an interesting group 
of nullification resolutions which were submitted to the legislature of that 
state on December 2, 1828, by various members of that body. 

The Confederate Museum of New Orleans has lately acquired four 
boxes of the correspondence of Jefferson Davis. 

The New Orleans Picayune of September 14 contains an interesting 
and valuable collection of material for the history of the jour nee of Sep- 
tember 14, 1874, when by armed conflict the McEnery government over- 
threw that of Kellogg. 

The April number of the Quarterly of the Texas State Historical As- 
sociation is almost entirely occupied with a single very interesting and 
important document, a long letter of Father Damian Manzanet, describ- 
ing his journeys for the discovery of the Bay of Espiritu Santo and his 
foundation in 1690 of the mission of San Francisco de los Tejas, the first 
Spanish mission in Texas. The document is presented in facsimile and 
in English translation. The July number contains an extremely interest- 
ing narrative, by a Mr. Lewis of Louisiana, whose Christian name is not 
recorded upon the manuscript, but who was one of Austin's immi- 
grants on board the Lively, in 1821. His account of the adventures of 
that unfortunate expedition is to be finished in the next number. The 
variety of national elements which does so much to give interest to Texan 
history is well illustrated by two other articles, one of which presents the 
reminiscences of Louis Reinhardt, concerning the communistic colony 
of Bettina, 1 846-1 848, founded by Germans, mostly university men, 
at the instance of Prince Solms-Braunfels, and named for Bettina 
von Arnim, while the other article, by Mr. O. W. Williams, essays, 
chiefly upon the basis of the Texan flora, to trace through southwestern 
Texas the route of Cabeza de Vaca. 

Retrospects and Prospects (Scribners), a volume of essays by the late 
Sidney Lanier, contains among others a historical essay of much interest 
on San Antonio de Bexar, Texas. 

The Northern Indiana Historical Society, incorporated in 1896, and 
located at South Bend, on the St. Joseph River, begins a series of publi- 



America 1 9 7 

cations with an essay by its secretary, Mr. George A. Baker, on the St. 
Joseph- Kankakee Portage, its Location and use by Marquette, La Salle 
and the French Voyageurs. Though marked by excessive use of second- 
ary authorities, the pamphlet is interesting, and it is well illustrated. 
The portage, it is perhaps unnecessary to say, was one of those by which 
the passage was made from Lake Michigan to the Mississippi. 

The State Historical Society of Wisconsin has issued in one book 
(pp. 225) the Proceedings of its forty-sixth annual meeting and those of 
the " historical convention " which it held on February 22 and 23 last. 
We note that the society has acquired a large number of copies from ar- 
chives in Paris, relating to the French domination in Wisconsin, and, 
among other gifts, that the correspondence of the chairman of the Demo- 
cratic state central committee for the campaign of 1888 has been given 
to the society, but is not to be made accessible to the public before 
1900. The principal feature of the convention was an address by Pro- 
fessor George B. Adams of Yale University, on The Origin and the Re- 
sults of the Imperial Federation Movement in England. Other papers 
here printed are on the Puritan influence in Wisconsin, on the settlement 
of Beloit, on the influence of the French regime in the valley of the Fox 
River, on the German- American press, and on the first Norwegian settle- 
ments in America, within the present century. 

The July number of the Annals of Iowa is mainly occupied with the 
record of the exercises and speeches at the laying of the corner-stone of 
the state's Historical Building on May 17. A picture of the handsome 
building in which the Historical Department is hereafter to be housed is 
presented. The magazine also has an article on the one fugitive-slave 
case which was tried in Iowa before a United States commissioner, writ- 
ten by Mr. George W. Frazee, who was commissioner at the time. 

The Nebraska Historical Society has done a useful service in print- 
ing The Provisional Government of Nebraska Territory and the Journals 
of William Walker, provisional governor, with notes by William E. Con- 
nolley. Walker was a Wyandot, and his journal shows a curious mixture 
of civilization and barbarism. 

It is expected that the library of books of California history owned 
by the late William A. Piper will pass into the possession of the Leland 
Stanford University. 

Mr. Charles F. Lummis is printing in his magazine The Land of 
Sunshine (Los Angeles, California) an English translation of the invalu- 
able report on California, 1 767-1 793, made by the Viceroy, Revilla 
Gigedo. 

Seldom has a young historical society been able to illustrate the early 
annals of its locality by the printing of manuscripts so interesting and so 
important as The Corresponde?ice and Journals of Captain Nathaniel J. 
Wyeth, 1831-6, which the Secretary of the Oregon Historical Society, 
Professor F. G. Young, has just published as a part of his series of 



igS Notes and News 

" Sources of the History of Oregon." He has been so fortunate as to 
find, in the possession of a lady in Massachusetts, letter-books containing 
245 of Wyeth's letters, and his journals of the two expeditions, 1832- 
1833 and 1834-1836, which he conducted from the East to the Oregon 
country with a view to the occupation of the latter by the Americans of 
the United States. These Mr. Young has printed in a volume of 292 
pages, with two maps. It makes a contribution to the early history of 
the state which would alone justify the existence of the Oregon Histo- 
rical Society. 

The history of the Hudson's Bay Company bids fair to be thor- 
oughly made known. At least three books upon it, all likely to be ex- 
cellent, are announced. That of Mr. Beckles Willson, which we have 
already mentioned, is expected to appear this autumn. A second is to 
be brought out by the Rev. Professor Bryce of Winnipeg, and a third, 
by Mr. Miller Christy, probably more elaborate than the others, at any 
rate the fruit of long researches, is announced as likely to be ready for 
publicaiion in a year or eighteen months. 

The tenth volume of the Collections of the Nova Scotia Historical 
Society is entirely composed of a valuable monograph by Rev. Dr. T. 
Watson Smith, on the Slave in Canada. 

Mr. John T. Hassam of the Massachusetts Historical Society has sent 
us a " separate ' ' from the next volume of the Proceedings of that society, 
containing an elaborate and interesting paper read by him at its March 
meeting, on the Bahama Islands and the early attempts at their coloniza- 
tion, with notes on the individual patentees of 1650. 

In the Revue des Bibliothcques, 1899, Nos. 1-3, M. Henri Omont 
presents a catalogue of the Mexican manuscripts possessed by the Bib- 
liotheque Nationale at Paris. 

The Century Co. has brought out a volume called Maximilian in 
Mexico, by Mrs. Sara Y. Stevenson, who spent several years in contact 
with the imperial court, from 1862 to 1867. 

Dr. A. Telting, sub-director of the Royal Archives at the Hague, has 
lately carried through a scientific re-arrangement of the public records 
preserved in Dutch Guiana and the Dutch West Indies. 

In the proceedings of the Berlin Academy (1899, No. 3) Professor 
Rudolf Virchow discusses on ethnographical grounds the early popula- 
tion of the Philippine Islands and the first immigration of the Indios, 
which, he concludes, must have taken place before the arrival of the 
Spaniards. 

Noteworthy articles in periodicals : H. C. Lea, The Indian Policy of 
Spain (Yale Review, August) ; H. L. Osgood, Connecticut as a Corporate 
Colony (Political Science Quarterly, June); 77/,? American Colonies in 
the Eighteenth Century (Quarterly Review, July) ; P. L. Ford, The Many- 
Sided Franklin (Century, July-September) ; J. C. Schwab, Prices in 
the Confederacy (Political Science Quarterly, June). 



Volume V \ December, 1899 [Number 



?hc 



nicrian historical jtcdnt 



SOME CURIOUS COLONIAL REMEDIES 1 

THE weapon -ointment derived from the Rosicrucians was com- 
pounded of many absurdities ; there was pulverized blood- 
stone, a cure by likes, and there was also moss taken from the skull 
of a dead man unburied, and other ghastly ingredients. 2 This 
precious unguent was applied not to the wound but to the weapon 
or implement which had produced it. The weapon was then care- 
fully bandaged to protect it from the air. It was the wound, how- 
ever, which was healed; the cures are well attested, as impossible 
cures usually are. Experiment proved that " a more homely and 
familiar ointment " would serve the turn just as well, and, moreover, 
in that day of emblemism the ointment proved quite as efficacious 
when applied to an image of the offending weapon. To the Rosi- 
crucians was attributed also a similar cure which came into great 
notoriety in England in the middle of the seventeenth century. 3 
This was the widely famous sympathetic powder, made of vitriol 
with much ceremonial precision. The powder stopped hemorrhages 
either from disease or wounds. It was applied to the blood after it 

1 From the unpublished volume entitled Transit of Civilization. 

2 It must have been unfortunate to have a prescription of such value in controversy, 
but the authorities were not agreed as to its ingredients. Moss from the skull of a dead 
man, aeri dereiicla, was however a permanent element. Bacon gives some account of 
one prescription in his Natural History, section 998. But John Baptist Porta has the 
prescription given by Paracelsus to the Emperor Maximilian and received through a 
courtier by Porta. I give it in English : Two ounces of skull moss as above ; of human 
flesh, the same ; of mummy (a liquor reported to be distilled from dead bodies) and of 
human blood, each half an ounce ; of linseed oil, turpentine and Armenian bole, each 
one ounce ; pound all together in a mortar. Porta' s Magia Naturalis, liber VIII, caput 
xii. According to Porta the weapon was left lying in the ointment. In the text I have 
followed a different account in Bacon's lYatnral History. In the selection of ingredients 
for this preparation the mystical doctrine of curing by similitude is manifest. 

3 Sprengel, GeschicKtederArzneikun.de, IV. 343. 
vol. v. — 14 ( 199 ) 



200 E. Egglestoii 

had issued from the wound or to the blood-stained garment. Win- 
throp of Connecticut, a fellow of the Royal Society and the great 
medical authority of New England, imported the latest books ' on 
the subject of this powder, which may well have come into use in a 
country where surgical cases were not infrequent. Before Win- 
throp's time and after, learned German writers on physic had at- 
tempted to give a scientific basis to the weapon-ointment and powder 
of sympathy by attributing their operation to magnetism, 2, 3 a term 
that has covered more ignorance than any other ever invented. 
The philosopher Kenelm Digby, a contemporary of Winthrop, made 
himself the protagonist of the powder in a treatise on the subject. 
Lord Bacon was in some doubt about the weapon-ointment, but he 
rather inclined to believe in its cures because a distinguished lady 
had similarly relieved him of warts by rubbing them with a rind of 
pork which was then hung up, fat side to the sun, to waste vicariously 
away, carrying his warts into non-existence with it. Roberti, the 
Jesuit, believed that such cures took place but ascribed them to the 
devil. All these cures that were wrought without " contaction," 
including the home-made sorcery of curing warts, Bishop Hall ac- 
counted damnable witchcraft. 4 Of such necromancy the bacon- 
rind cure has alone survived to modern times. The rag-bag of 
folk-medicine is filled with the cast-off clothes of science. 

The seventeenth century lay in the penumbra of the Middle 
Ages and the long-sought potable gold of the alchemists was yet in 
request f it even enjoyed a revival. 6 Almost everything precious and 

' E. g., De Pulvere Sympathetica, 1650. 

2 Sprengel as above, IV. 345, 346. 

3 " The operation of this ointment," says the author of a famous pharmacopoeia in 
1 641, "is by the identity or sameness of the Balsamick spirit which is the same in a Man 
and in his Blood ; for there is no difference but this, in a man the spirit actually lives, 
but in the blood it is coagulated." Schroder quoted by Salmon, English Physician, 
VII. 65. See also Sir Kenelm Digby's Sympathetic Powder, generally, and a theory of 
the action of this powder or " zaphyrian salt" in Howell's Familiar Letters, Jacob's 
edition, 645. An account of the cure of Howell by this remedy is in Supplement II., 
673, 674. The sympathetic powder was used for all hemorrhages and even for other dis- 
eases, according to Sprengel. Compare Sir K. Digby on the cure of swelled feet in 
oxen, Discourse on Sympathetic PoivJer, 129-I32. In the time of their greatest vogue 
these cures were probably never sanctioned by the strict Galenists. The subject was dis- 
cussed before the Royal Society in its infancy in a paper entitled " Relations of Sympa- 
thetic Cures and Trials." Sprat, 199. 

4 Hall's Cases of Conscience, 232. 

5 An English manuscript in my possession in the hand-writing of the seventeenth 
century gives many directions for alchemical processes to attain the "quintessence" so 
much sought. Some of these had to be conducted in the earth. Under the title, "The 
Essence whereby to dissolve Gold," this occurs: "To the Essence of wine twice 
circulated (as is elsewhere taught 1 add Gold and Sett it in digestion in Sand with a 
Lamp For 3 months and yu shall find the Gold dissolved but not irreducibly, never the 
lesse a quarter of a Spoonfull given at a time to a dying man, tho he be insensible it will 
restore him half an hour to perfect sence, as ever he was in his life." 

6 Burton's Anatomy of Melancholy, Sec. I, 3. 



Some Curious Colonial Remedies 201 

rare was accounted of medical virtue, 1 and it was inferred that gold 
as the most precious metal would be the most valuable remedy, 2 if 
it could be taken in liquid form. The known usefulness of mercu- 
rial remedies was attributed to the fact that mercury was the densest 
of liquids. Gold was the densest metal then known, and it was 
easily concluded by the process of using fancy to give fluidity to 
logic, that if it could be reduced to drinkable consistency it would be 
the most valuable of medicaments. There was a yet more con- 
vincing way of proving its medical value by the process of presump- 
tion, so much used by hermetic philosophers. The sun and gold 
were related in the mystical thought of the time ; 3 the sun as chief 
luminary was the "lord in the property" of gold. "There is not 
found among things above or things beneath," says Glauber, "a 
greater harmony and friendship than that between the Sun, Gold, 
Man and Wine." 4 The easy logic of the time found in this tran- 
scendental fancy a therefore potent enough to make gold a universal 

1 Queen Elizabeth's ambassador to the French court in 1 596 was attended in his ill- 
ness by Lorrayne, a physician of the famous faculty of Montpellier, and another. " They 
gave him confectio Alcannas composed of musk, amber, gold, pearl and unicorn's horn," 
ingredients whose virtues seem to have been deduced from their rarity and costliness. 
The c mfertio alkermes, an Arabic remedy, varied in its ingredients. The amber was 
ambergrease. See formula in the Amsterdam Pharmacopoea of 1636, page 61, and that 
in the London Dispensatory, as quoted and discussed in Culpepper's Physician' s Library 
1675. The Arabic form of the confection appears to have been less complicated. In the 
pharmaceutical work of Mesue the younger — " John, the son of Mesne, the son of Mech, 
the son of Hely, son of Abdella, king of Damascus " — the ingredients in this confectione 
alkermes are fewer and there are no pearls or ambergrease. The costly elements are 
"good gold," " good musk " and lapis lazuli. My copy of this work is called Mesue 
Vulgare, perhaps because it is in Italian. It bears date Venice, 1493, and must have 
been one of the earliest printed medical works. See K. Sprengel, II. 361-364, on 
" Mesue der jungere." 

2 On the tendency to expensive remedies compare Howell's Familiar Letters, 45. 
" More operativ then Bezar, of more virtue then Potable Gold, or the Elixir of Amber." 
In Moliere's Midecin Malgre Liii, Act. III., Scene 2, Sganarelle speaks of a medical 
preparation : " Oui, c'estun fromage prepare, ou il entre de l'or, du corail, et desperles, 
et quantite des autres choses precieuses." An English confection described by Bassom- 
pierre may have been the confectio alkermes spoken of above: " A pie magesterial of 
ambergrease, pearl, musk." Bassompierre's Embassy, 3. The Bezoardic powder mages- 
terial of the London Dispensatory contained sapphire, ruby, jacinth, emerald, pearl-*, uni ■ 
corn's horn, Oriental and American bezoar, musk, ambergrease, bone of stag's heart, 
kermes and sixteen other ingredients. " I am afraid to look upon it," says Culpepper. 
" 'Tis a great cordial to revive the Body, but it will bring the purse into a consumption." 

3 Cold is said by the alchemist to have its origin in the sun ; it is called " the under 
sun" and the " earthly sun endowed by God with an incredible potency. For in it are 
included all vegetable, animal and mineral virtues." Potable Gold is the "tincture of 
the sun," and the enthusiastic Glauber talks of " partaking of the fruit of the Sun-tree." 
Compare Phaedro and Glauber passim. A large volume would not be sufficient to recount 
all the irtues of the powerful remedy, in Glauber's opinion. Compare the account of it 
in Evelyn's Diary, I. 271. 

1 Glauber, De Auro Potabili, 3, and Georgius Phaedro, Vom Stein der Weisen, 1624, 
394-397- 



202 E. Eggleston 

remedy for human maladies where the recovery was not " contrary 
to the unfathomable counsel of God." Gold was even administered 
in its solid state ; Arabic doctors prescribed leaf gold and it held 
place in several compounds. Fragments and leaves of gold were 
seethed with meats and the broth used to cheer the heart and raise 
the strength and vital spirits of invalids beyond all conception. 1 
But the hermetic writers thought the use of leaf gold a coarse ap- 
plication of a metal which they were fond of styling " the lower 
sun." Preparations professing to be potable gold and tincture of 
gold were in much request and frequently administered in the seven- 
teenth century." On the other hand, their efficacy was warmly 
debated. The alchemists held that three drops, at the highest, 
taken in wine or beer would cure the most serious illness. 3 Of its 
nature it is more than enough for us to know that it was triplex, 
being vegetable, animal and mineral ; it was one thing chosen out 
of all others, of a livid color, metallic, limpid and fluid, hot and 

1 Lemnius, De Miraculis Occult. Nat., 1604, pp. 309, 310. 

2 The curious and scientific reader may follow if he can the process for making potable 
gold, the " True tincture of the Sun, "in the various works of Glauber or in De Via Univer- 
sali : he may learn to get both the potable gold and the philosopher's stone by " the dry 
process " or by the " wet process." He may get directions for making the tincture in Glau- 
ber's Dc Auri Tindura sive Aura Potabili, a German work with the usual Latin title, 
dated 1652. Or he may read the Pcinaceae Hermeticae Universalis (A Johann Gerhard, 1640, 
and he will find the " most secret mode of compounding the Universal Medicine " in the 
Arcanum Lullianum, Then there is a rare tractate, Vom Stein iter Weisen, written 
in the middle of the sixteenth century, by Fhaedro von Rhodach. These and others are 
before me, but after some wearying of the mind- with esoteric phrases, in a compound of 
old German and Latin I prefer to leave the question of the actual constitution of the most 
potent universal remedy to special investigators. Fonssagrives in the Dictionnaire Kncy- 
clopidique des Sciences Medicales, under the word Or, says that a preparation of mercury and 
chloride of gold constituted the so-called potable gold of the seventeenth century ; I do not 
know on what authority. I am in some doubt whether, after all the complicated hugger- 
mugger, the alchemists got any gold in their final decoctions. According to Phaedro it 
was not so much gold they sought as the subtle spirit of gold that freed men and metals 
from impurities. Glauber, in his De Auri Tinctura, 1652, p. 24, took pains to explain 
how the true should be known from the false and sophisticated potable gold, some of 
which was nothing but colored water. Angelus Sala, though of the Paracelsian school, 
ridiculed the notion of drinkable gold and declared that fulminating gold (A'nallgold) was 
the only preparation of that metal that had ever been made. Sprengel, Geschichte der 
Arzneikunde, IV. 357. It has been conjectured that some of the so-called potable gold 
offered for sale was merely a preparation of mercury. The two metals are allied in the 
fancy of the time. In Ehr alter Ritlerkrieg, Gold calls Mercury " Mein Bruder Mer- 
curic " and yet says that mercury was the female and gold the male. Salmon's English 
Physician, p. 10, has two recipes for making tincture of gold, the one with, the other 
without mercury. More than one writer intimates that there is as much gold left after 
the essence is drawn off. " Aurum decoctione non alteritur," says Lemnius. But the 
mere looking at gold coins or at rings, especially if adorned with " stones and lovely 
gems," recreated the eyes and heart, and a man might be brought to himself when in a 
collapse by applying gold saffron to the region of the heart with the third finger of the 
left hand. Lemnius, De Miraculis Occultis Naturae, 309, 390. 

* Phaedro von Rhodach, 443. 



Some Curious Colonial Remedies 203 

moist, watery and swarthy, a living oil and a living tincture, a uni- 
versal stone and a water of life of wonderful efficacy. 1 So spoke 
the admiring alchemist. 

John Winthrop the younger, of whom we have spoken, was a 
man of an eager and curious mind, fond of peering into the occult. 
He dabbled in alchemy as well as astrology and on his shelves were 
many of the latest works on potable gold. A poet of his time says 
of him : 

" Were there a Balsam, which all wounds could cure, 
'Twas in this Asculapian hand be sure." 

He left a son Wait who inherited his father's fondness for prescrib- 
ing, and who like his father was adept in panaceas and was believed 
to have golden secrets and secrets more precious than gold " un- 
known to Hippocrates and Helmoht." 2 Doubtless many New 
Englanders were dosed by the revered Winthrops 3 with the true 
tincture of the sun, potable gold, made by marrying in some fashion 
the "masculine gold " to the " feminine mercury," and possessing 
all virtues, vegetable, animal and mineral, " destroying the Root 
and Seminaries of all malignant and poisonous diseases." 

Weapon-ointment, sympathetic powder, potable gold were much 
thought of, but the authorized pharmacopoeias ignored these Gothic 
medicines and traced their origin to alchemists and Rosicrucians. 
Yet the notion of a universal antidote was in regular medicine as 
well. Primitive science, having no reins on the imagination, longs 
for perfection, seeks the universal and dreams of great discoveries. 
Back through a long line of medical writers we may trace the belief 
in the virtues of theriac and mithradate to Galen and into the cen- 

1 Geber, quoted in De Via Universali. 

2 Green's Medicine in Massachusetts, quoting Cotton Mather. 

3 The library of Winthrop the younger consisted of more than a thousand volumes. 
The fraction of it now in the Society Library of New York is less than half. Among 
these is Hercules CJiymicus sive Aurum Potabilc, 1641, and Traite de la Vraye, Unique, 
Grand et Universalle Medecine des Anciens, dite des Receus, Or Potabile, 1633. There 
was also Glauber's Latin treatise of 1658 on potable gold. These were new books. 
The revival of interest in potable gold in the seventeenth century awakened opposition. 
Burton in his Anatomy of Melancholy says : " Some take it upon them to cure all mala- 
dies by one medicine severally applied, as that panacea, Aurum potabile, so much con- 
troverted in these days." In 1403 an English statute had been passed making it a felony 
to " use any craft of multiplication ' ' to increase the quantity of gold and silver ; Statutes 
at Large, II. 403. Robert Boyle in the seventeenth century, in spite of his having 
written the Sceptical Chemist, thought he had discovered the forgotten secret of the fif- 
teenth century, buf he did not print his discovery. Sir Isaac Newton wrote to the Royal 
Society in praise of Boyle's reticence, fearing that the full disclosure of what the hermetics 
knew was " not to be communicated without immense damage to the world." In 1689, 
however, Boyle secured the repeal of the statute forbidding the making of gold. Thus 
did die dark shadow of medieval credulity fall still upon the most enlightened minds. 
Compare Chalmers's Dictionary of Biography, VI. 348, 349. 



204 E. E ggles ton 

turies before Galen. The accepted story of its origin is that Mith- 
radates, king of Pontus, by a series of experiments on criminals, 
had found out or thought he had found out what medicaments 
would neutralize various poisons. These he put together for a uni- 
versal antidote. 1 Andromachus, physician to Nero, changed the 
constitution of the remedy somewhat by adding the flesh of the 
viper, probably on the principle of curing like by like. The remedy 
of Andromachus was the famous theriac which was so much lauded 
by Galen and which imposed itself even on modern times. 2 It was 
expelled from the British Pharmacopoeia only in the middle of the 
eighteenth century by a bare majority of one vote in the college. 
It contained more than sixty ingredients and was commonly known 
in England as Venice treacle. 3 Not only all poisons but many 
diseases were supposed to be conquerable by this universal remedy. 
Numerous other preparations of viper's flesh were in use. Things 
poisonous were thought to contain much virtue. What theriac was 
used in the colonies was no doubt made abroad. In less com- 
plicated preparations the American rattlesnake was made to take 
the place held for thousands of years by its rival in virulence, the 
European viper. 4 The flesh of the rattlesnake was fed to the in- 
firm, perhaps in broths, as the viper's was given for ages, and as the 
Scotch used the adder ; his gall mixed with chalk was made into 
"snake balls" and given internally, his heart was dried and pow- 
dered and drunk in wine or beer to cure the venom of the snake on 
the ancient principle of curing by likes."' In Virginia the oil of a 
snake was given for gout, while in frosty New England the fat was, 
if we may believe Josselyn, " very sovraigne for frozen limbs . . . 
and sprains." The American backwoodsman of to-day perhaps 
unconsciously uses a substitute for the viper wine or theriacal wine 
of other times when he soaks the flesh of a rattlesnake in spirits to 
make "bitters" against rheumatism. 

There was yet another universal antidote recognized in the reg- 
ular medicine of the time. The bezoar or bezar stone was a 
concretion taken from the intestines of wild goats and other animals. 
That brought from the Orient was accounted most valuable. It 

i Galen, De Theriaca ad Pisonem, and De Antidotis Epitome, Adams's Paulus 
ALgineta, III. 52s, Maranta De Theriaca et Mithridatio, 1576. 

2 The multitudinousness of ancient compounds was perhaps a trait derived from 
primitive medicine. The Iroquois had a sort of theriac, a cure for all bodily injuries, 
made from the dry and pulverized skin of every known bird, beast and fish. Erminnie A. 
Smith in Powell's Second Report of the Bureau of Ethnology, 73. 

8 Comp. Adams on P. /Kgineta, III. 121, Judd's Hadley, 361, Josselyn's Two Voy- 
ages, 1 14. 

4 Byrd's Westover Papers, 66. 

6 Joannes Juvenis, De Medicamentis, 240, and Salmon's English Physician, 763. 



Some Curious Colonial Remedies 205 

was used first in the East as an amulet ; there were other remedies 
of olden times that served their purpose just as well when worn 
about the person as when taken medicinally. A "stone" found 
in so unusual a place excited wonder, and there grew up a mythical 
notion of its origin. This particular wild goat, in the opinion of the 
sixteenth century, indulged itself on occasion in a diet of poisonous 
snakes. To cool the burning produced in its stomach by this de- 
bauch the creature plunged into the water. On coming out he 
sought and ate of health-giving herbs, and as a result the bezoar 
was concreted in his vitals. 1 The cost of the bezoar, the " queen 
of poisons," was great;' "if you take too much your purse will 
soon complain," says a medical writer in 1661. The concretions of 
the " mountain goat " were the original bezoar, but any intestinal 
formation of the kind came to be considered bezoar. In Java the 
viscera of the porcupine were eagerly searched for such deposits and 
one of these worthless things, called a pedro porco, was sold for the 
price of pearls. 3 There were ruminants in Chili and Peru that 
yielded bezoars, which ranked second to those of the East ; Mexico 
contributed a lower grade still.' Finding these stones valuable the 
shrewd Indians learned to counterfeit them, and as they were of all 

1 Monardes, Eng. ed., p. 3, and Acosta, Lib. IV., chap. xiii. 

2 Tanner's Art of Physic, 515. 

3 " In that country (Java) but very seldome there grows a Stone in the Stomach of 
a Porkapine, called Pedro Porco : of whose virtue there are large descriptions : and the 
Hollanders are now so fond, that I have seen 400 dollars of | given for one no bigger than 
a Pidgeon's Egg: There is sophistication as well in that as in the Bezoar, Musk, &c. 
and every day new falsehood." Sir P. Vernatti in Sprat's Royal Society, 171. There was 
exhibited in the University of Leyden " the home of a goate in whosse ventrikle the be- 
sar stone is found," Marmaduke Rawdon, Camden Society, p. 105. Compare the ac- 
counts of Monardes and Acosta and the discussion in Castrillo's Magia Natural, last 
chapter. Castrillo calls the bezoar " Regna de los Venenos," and says that it cured 
pestiferous fevers and other diseases caused by melancholy humors. Joannes Juvenis in 
his essay De Medicamentis Bezoardicis, published in Antwerp in the latter part of the 
sixteenth century, treats the bezoar very mystically. A disease of an occult and divine 
origin — divinus et Secret/is Morbus — like the plague, exacts a medicine of a heavenly and 
concealed faculty, or, as he said, with a blind and hidden potency. The plague, he says, 
is a mysterious disease of the heart caught by inhalation from poison dispersed in the air 
by a malign conjunction of the planets. It requires a bezoardic remedy. Under this 
head he includes alexipharmical mixtures and remedies, whose supposed virtues have no 
rational basis, as well as amulets. He describes an amulet of gold, silver and arsenic 
made into the shape of a heart and worn next to that organ by Pope Adrian, and he 
recommends the wearing of six precious stones and some brilliant pearls in finger rings or 
about the neck. They are to be frequently looked on, for in them resides " the hidden 
bezoar" against all poisons and the plague. There is here the sense of alexipharmical 
in the word bezoar. Compare the citations of Adams in Paulas ^-Egineta, III. 274. Be- 
guin's Element de Chymie, edited by Lucas de Roy, 1632, describes seven kinds of " be- 
zoart," to wit, mineral, solar, lunar, martial, jovial, metallic and solar of Harthmannus. 
None of these have anything to do with the bezoar stone. The word bezoar in the sense 
of antidote appears to antedate the application of it to the stone. 

4 Castrillo, Chap. XXVI. 



206 E. Ego'leston 



£>&' 



sizes, colors and forms, and there was no test of fineness, there were 
others than natives who knew how to sophisticate, so that the 
famous powder magisterial of bezoar often probably contained noth- 
ing of the kind. The remedy was known in the colonies : Clayton, 
the parson, who was in Virginia before 1690, tells of a skillful 
woman physician there who gave pulverized " oriental bezoar stone," 
in the case of a man bitten by a rattlesnake, and followed it with a 
decoction of dittany, the same, at least in name, as that ancient 
remedy which Venus applied to the wound of her son, ^Eneas, 1 
and to which the wild goats, in those knowing times, resorted when 
the winged arrows of the hunters pierced their sides. We get a 
notion of the persistence of medical tradition when we find adminis- 
tered in Virginia an antidote 2 brought into Europe from the East 
in the Middle Ages 3 and an orthodox simple derived from the re- 
motest Greek antiquity ; and both of them probably without merit. 

Edward Eggleston. 

1 sE/teiJ, XII. 412. 

2 As the eighteenth century advanced, bezoar seems to have lost ground gradually 
in England. Sir Conrad Sprengell (an English writer not to be confounded with the 
more famous German of a later generation, Kurt Sprengel), in his comment on Celsus in 
1733 says: "As some have prescribed Bezoar Stone, Lapis de Goa, Pulv. Gasc. &c. 
when Crab's eyes or oister shells would have done as well or better." 

3Cf. Calendar of Hatfield House MS S., V. 3. 



MARYLAND'S ADOPTION OF THE FEDERAL 
CONSTITUTION 

II. 

The Maryland convention met in Annapolis, 1 on Monday, April 
21. It consisted of seventy-six members, of whom two never sat 
on account of sickness. They were both Federalists. Only three 
counties, Anne Arundel, Baltimore and Harford, sent Anti-Federal 
delegations, though a number of the Federal members voted with 
the minority from time to time, in a spirit of compromise. Most of 
the Eastern Shore delegates were absent on the first day of the con- 
vention, while some of the Baltimore and Harford County men did 
not arrive until Thursday, April 24. 

The assembly was a representative and able one. The small 
Anti-Federalist minority had among its numbers two delegates to 
the .Philadelphia Convention, Mercer and Martin ; Samuel Chase, 
"the flame of fire" who signed the Declaration of Independence; 
his able kinsman, Jeremiah T. Chase; William Paca, another signer 
of the Declaration of Independence, and an able statesman ; and 
William Pinkney, who became so famous as a lawyer and an orator. 
The Federalists were no less ably led by "Aristides," Alexander 
Contee Hanson, who was one of the best of Maryland lawyers ; 
James McHenry, who was to become Washington's Secretary of 
War ; Col. William Richardson, Robert Goldsborough, William 
Hemsley, Col. Edward Lloyd, and Peter Chaille, from the Eastern 
Shore ; and by Col. Moses Rawlings, of Revolutionary fame, 
Richard Potts, formerly a member of the Continental Congress, 
Thomas Johnson, the first governor of the state, and Thomas Sim 
Lee, who was one of his successors, from Western Maryland. 2 

1 The proceedings of the convention are printed in the Documentary History of the 
Constitution (issued by the Department of State), II. 97-122. The address of the minority 
is printed in Elliot's Debates on the. Federal Constitution, II. 547-556. It is entitled 
"A Fragment of Facts, disclosing the conduct of the Maryland Convention, on the adop- 
tion of the Federal Constitution." The address of the majority was prepared by A. C. 
Hanson ( "Aristides " ) but was never published. It is in manuscript among the Madison 
papers in the Department of State at Washington. The Maryland Historical Society's 
files of the Annapolis Gazette for April 24 and May 1, 8, 15, 22 ; of the Baltimore 
Gazette for April 29, and of the Mary/and Journal for April 29 and May 2 contain valu- 
able information relative to the convention. 

2 Daniel Carroll, writing to Madison on May 28, 17S8, said that the members of 
the convention were men of abilities and fairness of character and that Chase had said 
that their weight in the community was enough to carry the government. 

( 207 ) 



2o8 B. C. Steincr 

The convention organized by the unanimous choice of George 
Plater of St. Mary's County as president, and by electing a clerk, 
assistant clerk, messenger, and door-keeper. A committee of elec- 
tions was appointed, consisting of Messrs. Johnson, Barnes, J. T. 
Chase, Done, and Faw, 1 four of whom were Federalists. After 
resolving to sit from 9 A. M. to 3 P. M. each day, " for considering 
the proposed plan of Federal Government," the convention ad- 
journed. On Tuesday, the committee of elections made a report, 
which was accepted, apparently without dispute. A simple code of 
rules was adopted. The sessions shall be open. Members must be 
present, within half an hour of the time of opening the sessions. 
The minutes of the preceding day shall be read at the beginning of 
each day's session. Members shall be referred to in debate by 
name. Questions of order shall be decided by the president with- 
out debate, but he may refer the questions to the house, which shall 
decide also without debate. "No member speaking shall be inter- 
rupted, but by a call to order by the President, or by a member 
through the President." The president shall put any motion which 
has been made and seconded, and either he, or any other two mem- 
bers, may require a motion to be reduced to writing. A member 
offering a motion may withdraw it, at any time before a vote is 
taken. Such were the simple rules, under which the convention 
acted. 

As most of the members were now on hand and the organization 
was perfected, the convention settled down to serious business. 
The "proposed plan of Federal Government for the United States" 
was read the first time. Before the convention met, the Federal 
majority had held a caucus and agreed " that they and their con- 
stituents had enjoyed abundant leisure and opportunity for consider- 
ing the proposed system of a Federal government, that it was not 
probable any new lights could be thrown on the subject, that (even 
if it were) the main question had already, in effect, been decided by 
the people in the respective counties, that, as each delegate was 
under a sacred obligation to vote conformably to the sentiments of 
his constituents, they ought to complete that single transaction for 
which they were convened, as speedily as was consistent with 
decorum. A prompt determination in this State, they conceived, 
might have a happy influence in other States and they expressed a 
desire that all argument in favor of an indispensable measure might 
be omitted. In short they esteemed nothing wanting except the 
mere forms of a ratification." In conformity to these ideas, every 
proposition to bring about discussion by parts was rejected. The 

1 Read Faw for Law in the list on p. 43, supra. 



Maryland's Adoption of the Federal Constitution 209 

majority felt that their power was too limited and the crisis was too 
dangerous to permit the separate provisions of the Constitution to 
be considered by the convention. Virginia, where the battle was 
close, waited for their verdict. So, after the first reading of the 
Constitution, the convention resolved that it would " not enter into 
any Resolution upon any Particular Part of the proposed plan of 
Federal Government for the United States : But that the whole 
thereof shall be read the second time, after which the Subject may 
be fully debated and considered." It was " clearly understood " 
that on the " grand question," each member " might be free to 
speak, as often as he should think proper." The majority main- 
tained that they showed no undue haste ; most of the week was 
spent in waiting for the absent minority members, some of whom 
did not come until Thursday, or " in most patient attention to objec- 
tions which were familiar to almost every auditor." 

After the debate, it was decided, the president should "put the 
question that this Convention do assent to and ratify" the Consti- 
tution, on which question the yeas and nays should be taken. The 
convention then read the Constitution for the second time and ad- 
journed. 1 

On Thursday morning, the debate began and Samuel Chase came 
to the convention. His presence added fresh life to the minority. 
On May 2, Washington wrote to Madison 2 that he had learned 
that Mr. Chase " made a display of all his eloquence. Mr. Mercer 
discharged his whole artillery of inflammable matter and Mr. Mar- 
tin did something, I know not what, but presume with vehemence, 
yet no converts were made — no not one." The majority relied on 
their numbers and took little part in the argument. They felt that 
no valuable purpose could be answered by protracting the mere 
formality of a ratification and so " remained silent to the argu- 
ments of the minority." After Chase had spoken a while, 3 he 

1 On Tuesday, we learn from the minority's address, the following proposed rules of 
order had been rejected by the convention : " When a motion is made and seconded, the 
matter of the motion shall receive a determination by the question, or be postponed, by 
general consent, or the previous question, before any other motion shall be received ;" 
and " Every question shall be entered on the journal ; and the yeas and nays may be 
called for, by any member, on any question, and the name of the member requiring them 
shall be entered on the journal." 

2 Writings, XI. 259. [Mr. Ford prints " comments" in the passage next quoted ; 
but Mr. Bancroft, Constitution, II. 467, has " converts," and so has the catalogue of 
the McGuire sale, p. 41 ; " converts " seems the more likely reading. Ed.] 

3 Bancroft, History of the Constitution, II. 282, quotes from Chase's MSS. notes: 
" The powers to be vested in the new government are deadly to the cause of liberty and 
should be amended before adoption. Five States can now force a concession of amend- 
ments, which, after the national government shall go into operation, could be carried only 
by nine." 



2 i o B.C. Stcincr 

sat down, declaring that " he was exhausted and would resume 
his argument on the following day." 

The hour of adjournment had not come and the convention 
waited for some other speaker. None arose, however, and, after 
waiting a " competent time," the convention adjourned until after 
dinner, that, by another meeting on that day, "further procrasti- 
nation" might be prevented. Should the minority not "proceed 
with their objections," the majority intended to have "the business 
concluded immediately." They maintained that, although it was 
"proper to give each member an opportunity to declare his senti- 
ments," it " could not be expected that the whole body should 
await the pleasure of a few individuals." 

When the convention came together again at 4:30 P. M., Wil- 
liam Paca arrived and took his seat. He rose and said " that he 
had a variety of great objections to the Constitution in its present 
form, and that, although he did not expect amendments to be made 
the condition of ratification, he wished them to accompany it, as 
standing instructions to our representatives in Congress ; that under 
an expectation of obtaining amendments, he might vote for the 
Constitution ; that having just arrived, he was not ready to lay his 
amendments before the House, but asked for permission to prepare 
his propositions and, in the morning, lay them on the table for con- 
sideration of the members ; that he wished the amendments to be 
considered before the ratification, because he did not imagine that 
after it the convention would remain a sufficient length of time." 

The amiable Johnson arose at once and said "that the request 
was candid and reasonable and that the gentleman ought to be in- 
dulged. In order that nothing further might be done he moved to 
adjourn till the morning." This was done at once. The Federalists 
maintained that the adjournment was only to be taken as implying 
that they were willing to " give time for reflexion on Paca's pro- 
posal." 

On Friday morning, Paca rose and informed the president "that, 
in consequence of the permission of the house given him the pre- 
ceding evening, he had prepared certain amendments 1 which he 
would read in his place and then lay on the table/' At this Paca 
was interrupted by George Gale of Somerset County, who had 
not been present on the preceding afternoon and who supposed 
Paca to be out of order. Technically he was out of order, as the 
question was "that this Convention do assent to and ratify the pro- 
posed Constitution." Paca remonstrated warmly against the inde- 
cency wherewith he alleged that he had been treated, but could not 

1 Their text is printed on pp. 223, 224, post. 



Maryland 's Adoption of the Federal Constitution 2 1 1 

point to any express permission to introduce amendments. One 
after another, members from each of eleven counties, 1 and from each 
of the two municipalities rose and declared for themselves and their 
colleagues that they " were under an obligation to vote for the gov- 
ernment." The form of words varied, but the thought was the 
same. Several added that they were to ratify, as soon as possible, 
and do no other act, and that after ratification their power ceased. 
As to amendments, almost all declared that " they considered 
themselves as having no authority to propose, in behalf of their 
constituents, that which their constituents had never considered 
and concerning which their constituents could of course have 
given no directions." Paca's amendments having been refused, the 
minority continued to state their objections until Saturday after- 
noon. The majority were "repeatedly called on and earnestly re- 
quested to answer the objections, if not just," but they " remained 
inflexibly silent." They defended their silence, by saying that 
they were instructed to vote for the Constitution and that the mi- 
nority was equally instructed to vote against it. Both were bound 
by their relation to their constituents and it was " hardly probable 
that at this late period any argument contained in a public ha- 
rangue could have flashed conviction on the minds of the minority." 

When the vote for ratification was taken, the house stood 63 to 
11. In the negative were all the delegates from Anne Arundel, 
Baltimore and Harford counties, except Paca, who was true to his 
previously expressed purpose and voted aye. On Monday, the 
same sixty-three delegates who had voted in the affirmative, signed 
the following ratification : " We the Delegates of the people of the 
State of Maryland having fully considered the Constitution of the 
United States of America reported to Congress by the Convention 
of Deputies from the United States of America held in Philadelphia 
on the seventeenth Day of September in the Year Seventeen hun- 
dred and eighty seven of which the annexed is a Copy and sub- 
mitted to us by a Resolution of the General Assembly of Maryland 
in November Session Seventeen hundred and eighty seven do for 
ourselves and in the Name and on the behalf of the People of this 
State assent to and ratify the said Constitution." 

The Federalists declared that, in the convention, the " greatest 
Dignity as well as Decorum was exhibited. . . . The Minority 
was heard with candid and profound attention. Their Talents and 

1 Frederick, Talbot, Charles, Kent, Somerset, Prince George's, Worcester, Queen 
Anne's, Dorchester, Calvert, and Caroline. Vide Annapolis Gazette, May 8. The dele- 
gate from that city did not say that Annapolis was against amendments, but that the 
matter had not been submitted to the people and therefore the city delegates had no right 
to act in the matter. 



2 12 B.C. Steiner 

Abilities were amply displayed and, but from the clearest Impres- 
sions of the best of Causes, they might have been more successful." 
The Journal rises to a most stupendous height of bombast: " Mary- 
land independent in her Resources — superior by the Excellence of 
her political and civil Institutions to the Rage of internal Commo- 
tion — Maryland the informed, the benevolent, and the wise, who 
can bestow Advantages without an Equivalent but in the Conscious- 
ness of advancing Public Eelicity, has opened her Bosom to the 
Embraces of her sister States, has erected the Seventh Pillar upon 
which will be reared the glorious Fabric of American Greatness, In 
which Fabric the Rights of Mankind will be concentered as to their 
native Home. O, May the happy Moment soon arrive, when the 
august Temple of Freedom shall be supported by thirteen Pillars, 
with its gates unfolded to every Part of Creation, may its Duration 
be as permanent as Time and its Period engulphed only in the 
Bosom of Eternity." 

After the vote to ratify, on Saturday afternoon, Paca rose and 
again proposed his amendments, declaring " that he had only given 
his assent to the government, under the firm persuasion and in full 
confidence that such amendments would be peaceably obtained, so 
as to enable the people to live happily under the government, that 
the people of the county he represented (and that he himself) would 
support the government with such amendments, but without them 
his constituents would firmly oppose it, he believed even with arms." 

The majority " did not deem the proposed amendments neces- 
sary to perfect the constitution," but some of them thought that 
though, in their conventional capacity, they could not propose 
amendments in behalf of the people, they might, in their private 
capacities, gratify the wishes of the minority and make certain 
propositions to the people. " Aristides " thought this " novel dis- 
tinction" between the convention, " acting in virtue of its delegated 
powers," and its members as a body, "acting agreeably to the com- 
mon right of citizens," was a false one, but it " was admitted with- 
out reflexion," after a " short and perplexed debate." He argued 
that, until the convention dissolved, the members would not act nor 
" be supposed acting in their private character, and that any propo- 
sition to go from them as private individuals, should be made after 
dissolution of the body." The convention, however, did not per- 
ceive the entanglement into which they were falling and passed the 
following resolution, by a vote of sixty-six to seven : " Resolved 
that a committee be appointed to take into consideration and report 
to this house on Monday morning next, a draught of such amend- 
ments and alterations, as may be thought necessary in the proposed 



Maryland's Adoption of the Federal Constitution 213 

Constitution for the United States, to be recommended to the con- 
sideration of the people of this State, if approved of by this Con- 
vention." Thirteen members were placed on the committee. Of 
these Thomas Johnson, Thomas Sim Lee, and Richard Potts from 
Frederick County, Robert Goldsborough from Dorchester, James 
Tilghman from Queen Anne's, Alexander C. Hanson from An- 
napolis, William Tilghman from Kent, James McHenry from Balti- 
more Town, and George Gale from Somerset were Federalists ; 
while William Paca from Harford, and Samuel Chase, Jeremiah T. 
Chase and John Francis Mercer from Anne Arundel were Anti- 
Federalists. When we consider the small number of the minority, 
we perceive that they were not treated ungenerously in forming the 
committee. We may also note, that no heed was paid to county 
delegations in forming it. 

Paca's proposed amendments were referred to the committee, and 
the convention adjourned until Monday. It seems that this plan of 
proposing amendments to the people was favored by some amiable 
Federalists like Johnson, who " imagined all opposition in Maryland 
would cease thereby." That Saturday evening Hanson was busy. 
He thought that no amendments were necessary and that the con- 
vention had been thrown into embarrassment. He saw the other 
Federal members of the committee and they mutually " communi- 
cated to each other their ideas and considered the necessity of ac- 
commodating themselves to a disagreeable situation, resulting from 
an earnest and perhaps unparalleled disposition in a great represen- 
tative body to gratify and conciliate a few men opposed to the gen- 
eral sense of the State. They thought nothing contained in the 
propositions to the people should hold out any idea of the propriety 
of changing the Constitution in any essential part, although they 
might go so far as to explain it agreeably to what its friends thought 
was the true construction and to restrain Congress from doing, 
what on a true construction it has no power to do, or which if it 
had, its own policy would not permit it to perform. They hoped 
that, by going thus far, the Convention would be extricated from its 
embarrassment and, perhaps, the enemies of government would de- 
sist from their opposition." 

On Sunday morning, the committee met and considered Paca's 
amendments. After two of the propositions had been approved, 
Hanson 1 said, "As they had met on a principle of conciliation, he 
wished, before they went further, an explanation might take place, 
as there had been doubts entertained from general expressions in 

1 He does not name himself, but I think his narrative shows clearly that he was the 
man. 



214 B. C. Steiner 

the plan of government, which were supposed by some men to give 
Congress discretionary powers, and as some explanation of these 
might tend to quiet apprehensions, he should probably agree to 
such amendments, as might have that effect without endangering the 
Constitution, provided they should go forth as the act of private in- 
dividuals and provided no others be attempted, than should be 
agreed to in this Committee. He wished it to be understood that 
he should agree to no more than the two already acceded to, except 
sub modo." No direct answer was made to this and Hanson voted 
against all subsequent amendments. Chase stated that "the com- 
mittee ought to proceed and endeavor to agree to the amendments 
which the Constitution requires and that, if they could not agree, 
each man would be at liberty to take in the convention, or any 
other place, the part he might think proper." But Hanson thought 
it was the wish of all to report something, which all might maintain 
in convention. On Monday morning, the committee met again and 
found that they had agreed to report thirteen amendments based on 
Paca's, and that they had rejected fifteen more. The majority now 
insisted that, if they should support the thirteen amendments agreed 
to, "both in their public and private characters, until they should 
become a part of the general government," the minority should lay 
before the convention no amendments, "except those the Committee 
had so agreed to." The minority agreed to do this and to " give 
all their assistance to carry into execution " the new government, if 
the committee would add to the thirteen amendments three more, 
which they had previously rejected. These three amendments pro- 
vided that the militia, without the consent of the state authorities, or 
unless selected by lot, or voluntarily enlisted, should not be marched 
beyond the limits of an adjoining state ; that Congress might not 
interfere in elections of its members, unless a state should fail to 
provide for them ; that a state might pay in a lump sum, within a 
limited time after the levy, direct taxes levied on its citizens. If the 
committee would not approve these three propositions, they desired 
to take the sense of the convention upon them and would hold 
themselves bound by the decision of that body. The committee 
refused to accept the three propositions, by a vote of eight to five, 
Johnson voting with the four Anti-Federalists. 1 

One of the majority, probably Hanson, had brought in to the 
committee an address to the convention, to be prefixed to whatever 
amendments might be proposed." It stated that the authority of 

1 Me had prepared and submitted it to the majority before the Sunday meeting. 

2 All these amendments are to be found in Elliot's Debates, II. 550-553. The 
three which the minority especially urged read as follows : 

1. That the militia, unless selected by lot, or voluntarily enlisted, shall not be 



Maryland's Adoption of the Federal Constitution 215 

the convention had expired with the ratification ; but, "as it is es- 
sential to the proper administration of government, that it possess 
the approbation of every part of the community," the members have 
brought in propositions, " which may tend to quiet the apprehen- 
sions of those who think additional security is needed." They hold 
themselves "incompetent, till there had been experience of the 
operation and the inconveniences, to ascertain the defects with pre- 
cision and certainty and they knew not what would please their 
constituents." They moreover do not agree concerning the altera- 
tions, and therefore do not give a decided opinion upon any of them, 
but point the " serious attention and mature deliberation " of the 
convention to this subject. If any alterations should suit the con- 
vention, the committee wish that the former body would put them 
"in constitutional train to make them part of the Constitution." 
No one objected to an address, but Chase said that, although he 
objected to a part of this and it was not regular, yet it was a matter 
of little importance, provided it should be so worded as to give no 
offence and cast no reflection. After the rejection of the three 
propositions, which seem to have been their ultimatum, the minority 
objected to the address, "as no such matter had been referred." 
The chairman of the committee, who was Paca himself, suggested 
that the committee might return to the house and apply for authority, 
when they reported their approval of the thirteen amendments. 
The majority feared that this would defeat their purpose of making 
the propositions merely for the consideration of the people, without 
giving the weight of the convention's opinion in behalf of them as 
necessary, save for conciliation. Consequently, nothing was done 
in the matter. 

Some of the majority now said " that, in acceding to any propo- 
sitions which had been made, they had constantly kept in view the 
address, which was to accompany them, for the purpose of explain- 
ing that they were submitted on the principle of accommodation and 
with a view to quieting apprehension, and that they never once con- 
ceived amendments necessary to perfect the plan of Government and 
that they would not have voted for amendments to be held out in 
that light." 

marched beyond the limits of an adjoining state, without the consent of their legislature 
or executive. 

2. That the Congress shall have no power to alter or change the time, place, or 
manner of holding elections for Senators or Representatives, unless a state shall neglect 
to make regulations, or to execute its regulations, or shall be prevented by invasion or 
rebellion ; in which cases, only, Congress may interfere, until the cause be removed. 

3. That, in every law of Congress imposing direct taxes, the collection thereof shall 
be suspended for a certain reasonable time, therein limited ; and on payment of the sum 
by any state, by the time appointed, such taxes shall not be collected. 

vol. v. — 15 



2 1 6 B.C. Steiner 

The minority insisted that, " as the Committee had agreed to a 
number of propositions," they ought to be signed and reported. 
To this the majority replied, that " if any member had voted on a 
misconception of the footing on which the propositions were to go to 
the people, he should, on finding his mistake, have an opportunity 
of retracting and the propositions ought to be reconsidered. . . . 
After going through them one by one, it was proper to take a vote 
upon the whole together. The committee did not before seem fully 
to comprehend each other. On the principle of accommodation, 
the expedient of submitting propositions to the people might be 
proper, providing that an accommodation did really take place. A 
great deal of mischief might result if, after both sides had agreed to 
certain propositions on that principle, other propositions were to be 
made on which men would be divided. If after the committee had 
concluded, the convention were to go on without hesitation, to con- 
sider amendments to every part of the Constitution, nothing but 
confusion could follow, and it would be far preferable to abandon 
the scheme of accommodation and make no report." Chase then 
said, positively, that " he should think himself at liberty to propose 
to the Convention whatever he might esteem proper, in addition to 
the report, and to oppose anything it might contain." 

While this argument was proceeding, the convention was grow- 
ing impatient. 1 A resolution was adopted " that the Proceedings of 
this Convention to the Vote for assenting to and ratifying the pro- 
posed Plan of Federal Government for the United States and the 
Yeas and Nays be fairly engrossed, signed by the President and at- 
tested by the Clerk and Assistant Clerk, and that the President 
request the Governor and Council to transmit the same Proceed- 
ings, together with the ratification of the same Federal Government, 
subscribed by the Members of this Convention, to the United 
States in Congress assembled." 2 It is clear that this motion was 
passed so that any amendments, which might be reported by the 
committee and adopted by the convention, should not be reported 
to Congress, or the other states, but to the people of Maryland 
alone. The minority appear to have made no opposition to this mo- 
tion, which agreed with the general understanding of the members. 

They repeatedly called on the committee to return, and that 
body, finding it impossible to come to an agreement, finally rose, 
without a final vote being taken by the chairman. On returning to 

1 A motion was made but seemingly not passed " to consider of no propositions for 
amendment of the federal government, except such as shall be submitted to them by the 
Committee." Elliot's Debates, II. 554. 

2 This is why the record in Documentary History of the Constitution stops short of 
the final adjournment. Maryland Journal, May 2 ; Gazette, May 24, 17S8. 



Maryland's Adoption of the Federal Constitution 217 

the convention, Paca, as chairman, stated what had passed, read the 
thirteen amendments which had been adopted, and the three which 
had been the minority's ultimatum, and "assigned the reason why 
no report had been formally made. Though they had acceded to 
some of the propositions referred to them, nevertheless they could 
come to no agreement as to making a report." 

There seems to have been some debate on the matter. 1 One of 
the majority of the committee is stated to have said : " If no amend- 
ments were referred to the people, their idea would be that the 
Constitution was perfect in the opinion of the Convention and, there- 
fore, needed no amendment. The proposal to submit amendments 
was only admitted to conciliate the minority, but it might involve 
the convention from one amendment to another, not knowing where 
to stop. . . . They had agreed to decide on the whole Con- 
stitution, not upon its parts, and, if they agreed to a number of 
amendments, the opponents of the government would gain an ad- 
vantage, by being able to represent that its friends admitted it needed 
amendments and was greatly defective." 2 The people of Mary- 
land would think that the convention ought not to have ratified 
without condition, or previous adoption of amendment, and the fed- 
eral forces in Virginia and the other close states would be weakened 
by this example of Maryland. The debate did not last long, how- 
ever, for the majority were determined and would permit no delay. 
A vote of thanks to President Plater had been read once, while the 
committee was out, and a delegate now rose and moved to give 
this motion a second reading. The minority called for the previous 
question and asked that the yeas and nays be taken. The conven- 
tion rejected both motions and passed the vote of thanks. 

A motion was then carried "that the Convention adjourn with- 
out day " and the struggle was over. On this last motion, the vote 
was 47 to 27. The minority voted solidly against it and fifteen of 
the majority joined with them, but the predominance of the Fed- 
eralists was so great, that they won easily, in spite of this defection. 
Daniel Carroll summed up the whole story in one sentence : 3 " Mr. 
Johnson's Accommodating disposition and respect to his character 
led the majority into a situation, out of which they found some diffi- 
culty in extricating themselves." Alexander Contee Hanson, prob- 
ably, was the chief mover in the majority's final policy. The op- 
position was so entirely led by its able members from Anne Arundel 

1 Annapolis Gazette, May 15 ; Baltimore Gazette, May 13, 1788. 

2 Bancroft, History of the Constitution, II. 282, says that McHenry wrote Washing- 
ton that the amendments were adapted to injure the cause of Federalism in Virginia. 

3 Letter to Madison, May 28, 1788. 



218 B. C. Steiner 

County, that Daniel Carroll is almost correct in writing, l that : " If 
the Anne Arundel election had not taken the extraordinary turn it 
did, I may say there would not have been a straw of opposition, 
perhaps adoption would have been unanimous." 

There was great rejoicing in the Federal camp over Maryland's 
action. The friends of the Constitution hastened to inform their 
friends in other states. 2 A great illumination 3 and firing of cannon 
took place that Monday evening in Annapolis. A ball was given 
at the Assembly Room and a dinner at Mann's tavern, at which 
nearly two hundred persons were present. Thirteen cannon were 
fired at each of the thirteen toasts. The capital had sent to the 
convention the protagonist of the victorious forces 4 and rejoiced in 
their victory." In Baltimore town, the joy was equally great. 6 
The Gazette had an editorial — an unusual thing — on the ratification, 
warmly commending it and saying : " Thus by the assent and rati- 
fication of this State, there is now the fairest prospect that the 
Federal Government will be established in America." On May I, 
there was a great procession through the streets. It was estimated 
that three thousand men were there, the trades' display was large, 
and in the line was Joshua Barney with the mimic ship Federalist. 
This vessel is thus described : " Being the seventh ship in the line 
and having weathered the most dangerous cape in the voyage, she 
lay to under seven sails, during the repast on Federal Hill, throw- 
ing out signals and expecting the arrival of the other six." The 
procession formed at Philpott's Hill, adjoining the Play-house, 
passed through Fell's Point and then, by way of Hanover Street, 
arrived at Federal Hill, where a dinner was served and thirteen 
toasts 7 drunk. At night there was an illumination and a ball. 

1 Letter to Madison, April 28, 1788. 

2 Carroll to Madison, April 28, 1788. 

3 The Federal members of the convention each contributed a guinea for this purpose. 

4 Maryland Journ a I, May 21 ; Annapolis Gazette, May I, 1 788. 

5 The list of toasts is interesting: I. The United States and Congress; 2. Louis 
XVI. and the Friendly Powers of Europe; 3. The State of Maryland and the Present 
Convention ; 4. The Late Federal Convention ; 5. General Washington (his portrait was 
exhibited and received with a general burst of applause); 6. Marquis LaFayette ; 7. The 
Memory of the Brave Officers and Soldiers who Fell in the Revolution ; 8. May Agricul- 
ture, Manufactures and Commerce Flourish in the United States ; 9. Success to Useful 
Learning and Arts and Science ; 10. The Late American Army and Navy; 11. Count 
Rochambeau and the French Army in America ; 12. May our Public Councils be Act- 
uated by Wisdom and Patriotism ; 13. May all States Join Heartily in Federal Govern- 
ment. 

G Gazette, May 6, 28. Journal, May 6. A note in the Journal calls attention to 
the fact that the aggregate vote in the seven state conventions is 760 to 240, or two- 
thirds, and that the seven states which have ratified contain 1,467,000 taxable and repre- 
sentable inhabitants. 

7 The eighth was to the " Virtuous Sixty-three," who signed the ratification. 



Maryland's Adoption of tJie Federal Constitution 219 

The popular interest in the celebration was such that an account of 
it was printed in two successive numbers of the Jotirnal to supply 
the demand. 

On May 6, four hundred people of Dorchester County 1 met at 
Cambridge, " to congratulate each other on the accession of Mary- 
land to the new federal constitution and testify to their countrymen 
their approbation of the conduct of their delegates in the Conven- 
tion." There were the usual firing of cannon and dinner, which 
was " free from riotous and disorderly disposition." In the evening, 
the "streets were crowded with admiring spectators" to see the 
illumination, the town being " in a perfect blaze with the lustre and 
brilliancy of the light." z 

Other celebrations may have occurred, of which there is no 
record, 3 and I feel sure that the general sentiment of the people was 
voiced by the Baltimore Gazette :* " The general unanimity of the 
people of this State on the late important and interesting political 
question, together with the unanimity of our convention, is a most 
conclusive proof of their federalism. This agreement in sentiment 
was not the consequence of an hasty and partial investigation of the 
subject, but the result of mature deliberation. All the necessary 
information was had to give the general government a fair trial and 
in no instance has the State been less divided than in its adoption. 
The unanimity in the Convention suppressed the necessity of debate 
and upon a moderate computation has saved to the public the sum 
of ^"4000." 

Outside of the state, the joy of the Federalists was equally 
great. In the South Carolina convention, a member rose and said 
he had opposed the Constitution, but would now vote for it, since the 
voice of Maryland had been decisive for its adoption. 5 Washington 
wrote to Madison that Maryland's decision was a thorn " in the 
sides of the leaders of opposition" in Virginia, and that Maryland's 
"very short session will, if I mistake not, render yours less tire- 
some." 6 

1 Journal, May 16, 1788. Col. John Eccleston was president of the day. 

2 The thirteen toasts here were : "1. The United States ; 2. Maryland and the Con- 
vention ; 3. George Washington ; 4. The Memory of Greene ; 5. LaFayette ; 6. Memory of 
Fallen Officers and Troops; 7. The Philadelphia Convention; 8. The Minority of 
Massachusetts; 9. States that have ratified ; 10. A speedy and compleat ratification ; 11. 
Farmers, Mechanics and all virtuous citizens of America ; 12. Faithful and punctual 
Compliances with all public and private contracts ; 13. May wisdom, justice and prudence 
direct all our councils." 

3 Maryland Journal, May 30, 1 788. 

4 May 9, 1788. 

6 Maryland Journal, June 6, 1788. 

6 May 2, 1788. Writings, XI. 259. Apparently no member of the Maryland con- 
vention favored a consultation with Virginia prior to ratification. Bancroft's History oj 
the Constitution, II. 281. 



220 B. C. Steiner 

The minority of Anti-Federalists were not yet silenced. On 
May 6, they published in the newspapers that address to the people 
of Maryland, ' which is reprinted in Elliot's Debates and is the best 
known record of the convention's proceedings. In this address are 
found the proposed amendments. These were published, that the 
people "may express your sense as to such alterations as you may 
think proper to be made in the new Constitution." The minority 
remain persuaded of the importance of the alterations proposed. 
They " consider the proposed form of national government as very 
defective and that the liberty and happiness of the people will be 
endangered, if the system be not greatly changed and altered." It 
is significant, however, that not one of the fifteen Federalists who 
voted with the minority on the final motion to adjourn, is found 
among the signers of this paper. 

On May 9, the papers 2 contain the announcement that the ad- 
dress of the minority misstated some facts and omitted others and 
that an answer from the majority will soon appear. The conven- 
tion came together " without any other avowed object or wish, than 
to adopt the constitution without delay and then retire peaceably to 
their homes." This address was prepared by Hanson, but was 
never published. By the time that it was ready, the committee was 
scattered and apparently it was never shown to the other members 
of the majority. Hanson declared that it was prepared from a 
draught taken from the minutes the day after the convention ad- 
journed, by three members of the majority in the committee, and 
approved as true by two more of them. In the preparation of it, 
Hanson was delayed by sickness and, as it was never printed, it 
would probably have been destroyed, had not Daniel Carroll heard 
of Hanson's work and asked that a copy of it be sent to Madison. 5 
This was done by Hanson, not that it might be published, but that 
it might be used, in " giving spirits to the friends of good govern- 
ment, or by discouraging its enemies, who may look for countenance 
and support from the people of Maryland." Virginia was in the 
midst of her great struggle and Hanson thought that perhaps it might 
be suggested there by the Anti-Federalists, "that the people of 
Maryland are dissatisfied and will join Virginia in a plausible scheme 

1 Paca signed it, and the other eleven Anti- Federalists. 

2 In the Baltimore Gazette for May 2, 9, 20 and 23, and June 6, 13 and 20 are long 
articles on the Constitution by " Fabius." On May 9 an Anti-Federal article is copied 
from a New Hampshire paper. On May 26 and 30 two Federal articles advising Vir- 
ginia to ratify appear in the Gazette. On July 11 " Wessex " sends an Anti-Federal 
article. In the Journal for May 6, 13, and June 13 are minor articles. 

3 It is now among the Madison papers in the Department of State at Washington, 
where I consulted it. Hanson's letter is dated June 2, 178S. I desire to express my 
sense of gratitude to Mr. S. M. Hamilton of that Department for his courtesy. 



Maryland's Adoption of the Federal Constitution 221 

for a second general convention to propose an entire new plan, or 
propose alterations." " Such a suggestion," Hanson wrote, "would 
be destitute of rational grounds" and the people of Maryland would 
"spurn at a proposition, calculated to produce so much incurable 
mischief." They consider "their political salvation depends" on 
the Constitution's success. " All that the Maryland Conven- 
tion might be ashamed of, would be that it manifested a transient 
inclination to adopt improper means for attaining a valuable end." 
"It is now attacked for not exercising assumed power, agreeable to 
the sentiments of a small minority and contrary to the known sense 
of the people." The minority's address tries to give the public an 
" idea that the convention were studious to conceal the conduct of 
the delegates from the people of the several counties, that they pre- 
cluded themselves from the means of information, and ratified the 
proposed plan with indecent and fatal precipitation." The commit- 
tee on amendments are accused of " deceiving the minority, effect- 
ing a premature dissolution of the body, and abandoning the dearest 
rights of their constituents to an arbitary power." The purpose of 
the minority's address is to " persuade the people that the proceed- 
ings of the convention are not conclusive or binding." 

In his reply, Hanson had tried not to " agitate the great ques- 
tion already determined," first by the people in the counties and 
second by their representatives, "chosen and convened for that ex- 
press and only purpose " ; but rather to free the majority "from 
gross and unwarrantable interpretation of their conduct." The ma- 
jority may not wilfully misrepresent, but they make certain slight 
mistakes and omit material circumstances. Hanson's account is of 
great value and has been used freely in this paper. 

That the Anti-Federalists tried to induce the people to consider 
the convention's ratification as not final 1 is seen in a long article in the 
Journal of May 16, signed " Republican." He asserts that the 
"common class" of people knew little of the Constitution. The 
two thousand copies of that document printed by order of the 
Assembly were too few to go far. The Annapolis paper is of small 
circulation, and the two Baltimore ones are never seen on the East- 
ern Shore, while the severe weather during the past winter prevented 
any newspapers from being sent over thither. Of the 25,000 
voters 2 in the state, only 6000 voted at the election, and 4000 of 

1 Daniel Carroll writes to Madison, May 28, that the minority were trying to get 
signers to a memorial to the Virginia Convention, that Luther Martin said in his " tavern 
harangues that more than twenty members of the Convention favored Kingly govern- 
ment," and that Mercer maligns Daniel Carroll and " tergiversates." He regrets John- 
son's falling away from the majority. 

2 He says viva voce vote is preferred to ballot by Maryland's constitution. 



222 B. C. Steiner 

these votes were cast in Baltimore town and seven of the counties. 
The rich and wealthy worked for the Constitution to prevent the 
loss of their debts and, in some counties, the opposition had named 
no candidates. But as proof that the ratification is not final, he 
alleges that two successive general assemblies must authorize the 
adoption of the Federal Constitution, as it alters the state constitu- 
tion and so must be passed in the same manner as any other amend- 
ment. In pursuance of this thought, he urges the people to choose, 
as delegates to the coming legislature, men opposed to the adop- 
tion of the Constitution, as they will vote to amend it. The Fed- 
eralists had already taken up this matter and were especially active 
in trying to defeat Chase in Baltimore town. 1 His defenders used 
the curious argument that, when elected by Federalists in Baltimore, 
he would be bound to support Federal measures, as he had been 
to support Anti-Federal measures, when elected by Anti-Federal 
votes in Anne Arundel County. 

The Federalists did not fail to answer the claim that the ratifi- 
cation was not final. The opposition had tried to show that the 
framers of the Constitution were "vile conspirators,"" to have the 
ratification in different form from that proposed at Philadelphia, and 
to have the convention propose amendments. Foiled in all these 
purposes, they clutch at a straw. Maryland has accepted all 
changes in her state constitution, by the convention's ratification. 
The Federalists point out that, as the other states have different 
provisions for amending their constitutions, an acceptance of the 
Anti-Federalist contention would delay the going into effect of the 
Constitution for four years or so. 

The struggle was decided by the election for delegates, in which 
the Federalists won a decided victory. The presidential electors 
and the United States Senators chosen were Federalists, and the 
people of Maryland showed that they intended their ratification of 
the Constitution to be final. The mutterings of discontent gradually 
disappeared. The Anti- Federalists welcomed the proposals 3 to 
publish the proceedings of the convention, since these would show 
how rashly the majority acted ; but, apparently, the pamphlet never 
appeared and popular interest in the subject died away. The news 
of South Carolina's ratification was greeted in Baltimore town by 
firing of cannon on Federal Hill and a dinner at Mrs. Grant's, and 

1 Maryland Journal, May 9, June 10 ; Gazette, May 23, 27, June 20 

2 Journal, May 20. The Gazette, June 3, says that the changes from the Confeder- 
ation to the Constitution are in the direction of centralization and cites the omission of the 

names of states from the preamble as proof of this. 

3 Baltimore Gazette, June 3, 27 ; Journal, May 23. The price was to be 8/4; the 
reporter was Mr. Lloyd. 



Maryland' s Adoption of the Federal Constitution 



2 2 > 



the same procedure was followed, with the addition of fireworks, 
when news came that the success of the Constitution was assured by 
New Hampshire's and Virginia's ratification. 1 As Maryland had be- 
gun under Hanson's able leadership, so she continued. Federal 
feeling was long active there, and the party organization and name 
were preserved in the state for years after they were discarded else- 
where. The Whig party next included the men with national feel- 
ings, and was long dominant in Maryland ; and when the dark days 
of impending disruption came, the state remained faithful to the 
Union. The foundation of her national spirit was deeply laid. 

Bernard C. Steiner. 

William Paca's Proposed Amendments.' 2 

That it be declared that all Persons entrusted with the Legislative or 
Executive Powers of Government are the Trustees and Servants of the 
Public and as such accountable for their Conduct. 

Wherefore, whenever the Ends of Government are perverted and 
public Liberty manifestly endangered and all other Means of Redress are 
ineffectual, the People may, and of right ought, to object to, reform the 
old, or establish a new Government — That the Doctrine of Non-resis- 
tance against arbitrary Power and Oppression is absurd, slavish and 
destructive of the Good and Happiness of Mankind — That it be declared, 
That every Man hath a right to petition the Legislature, for the Redress 
of Grievances, in a peaceable and orderly Manner — That in all criminal 
Prosecutions every Man hath a Right to be informed of the Accusation, 
to have a Copy of the Indictment or charge in due Time (if required) 
to prepare for his Defense, to be allowed Council, to be confronted with 
the Witness against him, to have Process for his Witnesses, to examine 
the Witnesses for and against him on Oath, and to a speedy trial by an 
impartial Jury. 

That no Freeman ought to be taken, or imprisoned, or deprived of 
his Freehold, Liberties and Privileges, or outlawed or exiled, or in any 
manner destroyed or deprived of his Life, Liberty, or Property, but by 
the lawful Judgment of his Peers, or by the Law of the Land. That no 
Power of Suspending Laws, or the Execution of Laws, unless derived 
from the Legislature, ought to be exercised or allowed. 

That all Warrants, without Oath, or Affirmation of a Person con- 
scientiously scrupulous of taking an Oath, to search suspected Places, to 
seize any Person, or his Property, are grievous and oppressive ; and all 
general Warrants, to search suspected Places, or to apprehend any Per- 
son suspected, without describing the Place or Person in special, are 
dangerous and ought not to be granted. 

That there be no Appeal to the Supreme Court of Congress in a 
Criminal Case. Congress shall have no Power to alter or change the 

1 Gazette, June 3, July I. 

2 Maryland Journal, April 29, 1788. 



224 B. C. Stciner 

Regulations respecting the Times, Places or Manner of holding Elections 
for Senators or Representatives. 

All Imports and Duties laid by Congress, shall be placed to the 
Credit of the State in which the same shall be collected, and shall be de- 
ducted out of such State's Quota of the Common or general Expences of 
Government. No Member of Congress shall be eligible to any Office of 
Trust or Profit under Congress during the Time for which he shall be 
chosen. 

That there be no National Religion established by Law but that all 
Persons be equally entitled to Protection in their religious Liberty. 

That Congress shall not lay direct Taxes on Land or other Property 
without a previous Requisition of the respective Quotas of the States and 
a failing within a Limited Time to comply therewith. 

In all cases of Trespasses, Torts, Abuses of Power, personal Wrongs 
and Injuries done on Land or within the Body of a County the Party In- 
jured shall be entitled to Trial by Jury, in the State where the Offence shall 
be committed ; and the State Courts in such cases shall have concurrent 
Jurisdiction with the Federal Courts ; and there shall be no Appeal, ex- 
cepting on Matters of Law. 

That the Supreme Federal Court shall not admit of Fictions, to ex- 
tend its Jurisdiction ; nor shall Citizens of the same State, having Con- 
troversies with each other be suffered to make collusive Assignments of 
their Rights, to Citizens of another State for the Purpose of defeating the 
Jurisdiction of the State Courts ; nor shall any Matter or Question al- 
ready determined in the State Courts, be revived or agitated in the Fed- 
eral Courts ; that there be no Appeal from Law or Fact to the Supreme 
Court where the Claim or Demand does not exceed Three Hundred 
Pounds Stirling. That no standing Army shall be kept up in Time of 
Peace unless with the Consent of Three Fourths of the Members of each 
Branch of Congress : Nor shall Soldiers in Time of Peace be Quartered 
upon private Houses, without the Consent of the Owners. 

No Law of Congress or Treaties shall be effectual to repeal or abro- 
gate the Constitutions or Bills of Rights of the States or any of them or 
any part of the said Constitutions or Bills of Rights. 

[Militia not to be subject to the Rules of Congress nor marched out of 
the State without consent of the Legislature of such State. 

That Congress have no Power to lay a Poll Tax. 

That the People have a Right to Freedom of Speech, of writing and 
publishing their Sentiments and therefore that the Freedom of the Press 
ought not to be restrained and the Printing Presses ought to be free to 
examine the Proceedings of Government, and the Conduct of its Officers. 

That Congress shall exercise no Power but what is expressly delegated 
by this Constitution. 

That the President shall not command the Army, in Person, without 
the Consent of Congress. 



CONTEMPORARY OPINION OF THE VIRGINIA AND 
KENTUCKY RESOLUTIONS 

II. 

The trial of Abijah Adams ' was conducted by Chief-Justice 
Dana and lasted through three entire days, the jury rendering its 
verdict on the morning of the fourth day. 2 Sullivan, the attorney- 
general, presented the case of the Commonwealth. The prosecu- 
tion 3 as he presented it " had no connection with the Sedition Act 
of Congress," but was " under the common law of the State." The 
articles set forth in the indictment were libels against the General 
Court of Massachusetts, for " the common law of the country, which 
was common reason, prohibited such outrages" albeit there was no 
statute defining libels upon the government. In support of this 
doctrine the attorney-general argued that the offense described in 
the indictment was indictable by the common law of England. To 
obviate the objection that such an action would be an infringement 
of the freedom of the press, Blackstone's definition, that liberty of 
the press meant only freedom from restraint prior to publication, 
was appealed to as authoritative. If the offense charged in the in- 
dictment was libellous by the common law of England, the conclu- 
sion that it was punishable in Massachusetts was easily reached. 
The first settlers in Massachusetts brought that doctrine to America 
with them as a part of the common law. 

For the defense, Messrs. Whitman and George Blake presented 
three lines of argument : i. The defendant, being merely employed 
in the office of the Chronicle, was not the real culprit, if there be 
one ; 2. The matter set forth in the indictment was not libellous ; 
3. Under the constitution of Massachusetts no indictment can be 
maintained for a libel against the government of the state. Two of 
these lines of argument possess great interest. The second shows 
incidentally the opinions of leading Massachusetts Republicans in 
regard to the constitutional doctrines of the Virginia and Kentucky 
Resolutions, as expressed in a carefully considered argument before 

1 In the following account of the trial the elaborate argument, published in the 
Chronicle from April 1 1 to May 2, 1 799, is followed unless some other authority is cited. 

2 Massachusetts Mercury, March 8, 1799; Columbian Ccntinel, March 6, 1799. 

3 Massachusetts Mercury, March 8, 1 799. 

(225 ) 



226 F. M. Anderson 

the highest court of the state. The third places in a clear light the 
extreme doctrines which Federalist judges of 1799 held in theory 
and sought to put into practice against Republicans who had suffi- 
cient courage to proclaim openly their political convictions. 

In developing the second line of argument the attorneys for the 
defense pointed out that the articles upon which the indictment was 
based could not be regarded as libellous, except by a process of 
inference and deduction. If these articles contained the charge that 
the members of the legislature were guilty of treason, it was only as a 
conclusion, deduced or inferred from certain constitutional principles. 
The charge of treason was, therefore, not an impeachment of the 
individual members of the legislature, but of their principles. Even 
supposing it a reflection upon the legislature and entirely unwar- 
ranted, it was only an expression of opinion, and no man should be 
punished for mere error in opinion, especially if expressed in con- 
nection with the premise from which it was drawn. 

Realizing, apparently, that about the only reply that could be 
made to this argument was to assert that the conclusion was wanton 
and arbitrary because it had no necessary connection with the 
premise, the attorneys for the defense proceeded to argue that the 
conclusion was a fair deduction from the premise. Their argument 
upon this head began with the assertion that since the formation of 
the federal government no question " had been the cause of more dis- 
sension, than the precise extent of the freedom, sovereignty and inde- 
pendence of the States." Citing the controversy over the suability 
of the states as an evidence that the line between state and federal 
sovereignty was not yet sharply drawn, they further contended that 
for the present case it was not necessary to consider the question 
whether a state legislature had authority to decide upon the consti- 
tutionality of any act of Congress, but only to indicate that in some 
cases " the existence of such authority would not only be manifest, 
but the necessity of its existence clear and indispensable." In evi- 
dence of this proposition, which is in effect almost the doctrine of 
the Virginia and Kentucky Resolutions, a hypothetical case was 
cited wherein the reserved rights of the states would indubitably be 
violated by a law of Congress ; in such a case the state legislatures 
could not be better employed than in protesting, since a protest might 
lead Congress to repeal its act. Exactly what would happen in case 
Congress failed to heed the protest, the attorneys did not indicate. 
Upon that point they were content to remark, that it was admitted 
that the state legislatures were not the constitutional tribunals for 
determining the validity of federal laws " in any other cases than 
those in which their own sovereignty or power are directly or im- 



Virginia and Kentucky Resolutions 



.s 



mediately involved." Even in such cases their decisions were not to 
be regarded as binding upon the federal government. Having thus 
reached the point at which all state-sovereignty arguments fail, the 
matter was not pushed to any definite conclusion. No way out of 
the dilemma was suggested ; but the failure of the logic did not 
prevent further argument intended to prove that the states must 
possess the. right "to maintain within their respective limits all 
powers, rights and liberties appertaining to them." Summing up 
the whole matter of the reasonableness of the conclusion from the 
given premise, the attorneys for the defense said : " On the whole, 
whatever may be the merits of the question, there appears to be 
some little force in the sentiment contained in the Virginia Reso- 
lutions : ' that in cases of a deliberate, palpable, and dangerous 
exercise of other powers, not granted by the said compact, the 
states, who are parties thereto, have the right and are in duty bound, 
to interpose, for arresting the progress of the evil, and for maintain- 
ing within their respective limits, the authorities, rights and liberties 
appertaining to them.' " 

The second line of argument having shown that the leading- 
Republican newspaper of New England and two of the most promi- 
nent Republican lawyers of Boston accepted all or nearly all of the 
constitutional doctrines of the Virginia and Kentucky Resolutions, 
we may turn to the third line of argument to learn how the Fede'r- 
alist chief-justice denned liberty of the press for Republican news- 
papers. The defense maintained that under the constitution of Massa- 
chusetts there could be no such thing as a libel upon the govern- 
ment of the state. Admitting that the English practice had been 
correctly stated they contended that the same rule did not prevail 
in Massachusetts. The whole body of the common law of England 
had not been adopted in Massachusetts ; an exception had been 
made by the constitution of such parts as are " repugnant to the 
rights and liberties contained in this constitution." The question 
whether the English common-law rule was repugnant to the consti- 
tution was a fair problem for the court and the jury. To assist the 
court and the jury in determining that problem the defense made 
the point that no statute had been made by either the colony or the 
province for punishing such libels, denying also that the cases cited 
by the attorney- general were in point. Making the further admis- 
sion, for the sake of argument, that the English rule had prevailed 
in Massachusetts prior to the Revolution, the defense urged that the 
events of the Revolutionary period had effected a change in the 
common law upon the subject of libels against the government. 
Blackstone's definition, that liberty of the press consists only of free- 



228 F. M. Anderson 

dom from restraint prior to publication, was unsuited to the spirit of 
American institutions. As a better definition of liberty of the press 
the defense offered to read a passage from John Adams's Canon and 
Feudal Law} This definition the chief-justice refused to hear, find- 
ing excuse that it was published anonymously, that " it was unusual 
and improper to submit any matter to the jury unsupported by reg- 
ular authority," and that speculative productions, written at a period 
of disorder and commotion, "however respectable and illustrious 
the author," should not be admitted. 

After the refusal of the chief-justice to listen to any definition of 
liberty of the press other than that which obtained in England, one 
would like to know in what terms he defined that subject to the 
jury. Presumably he adopted the English rule without material 
qualification, for a verdict of guilty was rendered in accordance with 
that principle. The prisoner was sentenced to thirty days' imprison- 
ment, payment of the costs of his trial, and to make a recognition in 
the sum of five hundred dollars to keep the peace and maintain a 
good behavior for one year. 2 Before sending the prisoner away to 
jail the chief-justice seized the occasion to deliver a long harangue, 
in the course of which he declared himself emphatically upon what 
he called "the monstrous positions" of the Virginia and Kentucky 
Resolutions. 3 

The imprisonment of Abijah Adams was the most flagrant but 
not the only instance of the persecution of Massachusetts Republi- 
cans for their attitude against the reply to Virginia and Kentucky. 
Both of the Republican legislative leaders suffered much annoyance 
at the hands of Federalist zealots. The incidents, though trivial in 
themselves, are interesting for the light which they throw upon the 
methods by which the Federalist leaders retained their control over 
Massachusetts. Bacon, the Republican senator who had unaided 
opposed the passage of the reply, was held up to ridicule in the 
Federalist press as the Solitary Nay, a character altogether too con- 
temptible for punishment. 4 Being defeated for re-election to the 
Senate, Bacon offered himself as a candidate for the House in the 
town of Stockbridge. A few days before the election a communi- 
cation appeared in the Centinel, 5 professing to recount an incident in 
Bacon's early life which the voters of Stockbridge ought to be in- 

1 This passage is in John Adams, Works, III. 456-459. 

2 Manuscript records of the Massachusetts Supreme Judicial Court, Vol. 1799, folio 
183, No. 8191. The costs amounted to at least thirty-two dollars and thirty-one cents. 

3 Lolai)ibia}i Centinel, March 30, 1799. 
* Columbian Centinel, April 27, 1799. This article was copied by nearly all the 

Federalist papers of the state. 
5 April 27, 1799. 



Virginia and Kentucky Resolutions 229 

formed of. According to this correspondent, Bacon while minister 
of the Old South Church in Boston in pre-Revolutionary days had 
owned two slaves, a husband and wife. Though Bacon had re- 
ceived them into his church-fellowship, when he perceived the like- 
lihood of his losing them by action of the state he sold the husband, 
who was transported from Massachusetts, never to see his wife 
again. "This," says the correspondent, " is the man who stands 
for liberty and equality." Bacon had no difficulty in proving the 
story false, 1 but the Centinel took no notice of that fact. 

Dr. Aaron Hill, the Republican leader in the House, lived in 
Cambridge. One night not long after the end of the session of the 
General Court, a Federalist mob, composed, the Chronicle insinu- 
ates, of students from Harvard College, manifested their disappro- 
bation of Dr. Hill's course upon the reply to Virginia and Kentucky 
by shattering the windows and casements in his house. This out- 
rage, however, redounded to the confusion of the Federalists. 
When the election for members of the General Court came on, 
about a month later, the Federalists made Hill and his course upon 
the reply to Virginia and Kentucky the issue at the largest town- 
meeting Cambridge had ever known. Hill was returned by three 
majority, enough Federalists casting their votes in his favor on ac- 
count of the outrage to secure his election. 2 

It is plain, then, that both the Federalists and the Republicans 
of Massachusetts took the same general attitude toward the protest 
and remedy of the Virginia and Kentucky Resolutions as did the 
members of their respective parties in the Middle States. The 
Federalists manifested an utterly imperious and intolerant demeanor 
towards their Republican opponents. The imprisonment of Adams 
indicates that the Federalists were ready upon the slightest provo- 
cation to treat opposition to the policy of the administration, 
whether federal or state, as a crime. That case certainly does 
much to explain why Jefferson and other Republican leaders could 
fear that republican institutions were about to be overthrown. 

The Rhode Island newspapers furnished their readers with no 
original thoughts upon the Virginia and Kentucky Resolutions and 
with but little information about the manner in which the legislature 
of the state handled them. The legislature met at East Greenwich on 
February 18, and nearly all that can be learned of their proceedings 
for the entire session is that before adjourning on March 9 two sets 
of resolutions were passed in reply to Virginia and Kentucky. 

' The Western Star (Stockbridge), May 20, 1799. A. A. S. This was a Federalist 
paper. 

2 Columbian Centinel, May 8, 1799; Chronicle, April II, 1799. 



230 F. M. Anderson 

These replies are identical, except in the matter of dates and names, 
and the vote upon them, unanimous in the Senate and lacking but 
one of unanimity in the House, would indicate that there was no 
debate. ' The brevity of the replies, according to the Providence 
Journal, is due to the fact that other states having entered fully into 
the reasons for dissenting from Virginia and Kentucky nothing wa? 
thought necessary but " an expression of opinion, and of a few 
general principles on which that opinion was founded." 2 

In Connecticut the newspapers printed so many documents and 
articles bearing upon the Virginia and Kentucky Resolutions that 
their readers must have become quite familiar with them. But 
among these articles I have been able to find no original discussions 
and but very little about the action of the state legislature upon the 
resolutions. While the legislature was in session none of the 
Connecticut papers published any accounts of its proceedings ; after 
it had adjourned, the Connecticut Courant had a long account, evi- 
dently written by a member. 3 This article, copied by all the other 
papers, constituted their only account of legislative affairs. One 
paragraph in this article contains all that can be learned about the 
replies to Virginia and Kentucky, save what is shown by the docu- 
ments themselves. 

Opposition to these replies was expected by the Federalists, for 
there were some fifteen or sixteen " Jacobins " in the House, though 
some of these were " half-way characters." But the answers met 
with no resistance, most of the Republicans absenting themselves 
during the vote. The reply to Virginia 4 passed both houses unani- 
mously, while that to Kentucky encountered but two negative votes 
in the House and none in the Senate. The reply to Kentucky'' 
declares that attempts to form a combination of state legislatures 
for the purpose of controlling the policy of the federal government 
are foreign to the duties of state legislatures, contrary to the prin- 
ciples of the Constitution, and calculated to introduce anarchy by 
menacing the existence of the Union. But were the assembly per- 
mitted to pass upon the measures of the federal government, it 
would pronounce the Alien and Sedition Laws constitutional and 
meriting its entire approbation. In this reply, as also in that to 
Virginia, the Federalist members of the Connecticut assembly ex- 
pressed their dissent to both the protest and the remedy of the 

1 The Newport Mercury, March 5, 1799. H. U. Ads and Resolves, February ses- 
sion, 1799, pp. 17, 18; Elliot's Debates, ed. 1836, IV. 558. 
2 March 6, 1799. If. U. 
3 June 6, 1799. A. A. S. 
* Elliot, IV. 564. 
s Infra, pp. 247, 248. 



Virginia and Kentucky Resolutions 231 

Virginia and Kentucky Resolutions, while the Republicans by their 
absence showed that they could not accept it entire. 

New Hampshire, as regards the Virginia and Kentucky Reso- 
lutions, was the banner state of Federalism. The Federalist news- 
papers there added little if anything to the discussion of the prin- 
ciples involved, but their comments show a determined front. The 
Federal Miscellany, of Exeter, 1 accepting the Virginia Resolutions 
as a threat to arm the militia of Virginia against the federal govern- 
ment, retorted that an allusion to force was improper in a discus- 
sion upon matters of government, but Virginia will find her sister 
states "as able in the field as in the cabinet." 

When the resolutions of Virginia and Kentucky reached Gov- 
ernor Gilman the winter session of the legislature was over and, in 
consequence, the legislative reply of New Hampshire was delayed 
until June. On the fifth of that month Governor Gilman submit- 
ted the resolutions to the legislature, remarking that they appeared 
to him " of a very extraordinary nature," but that delicacy towards 
sister states prevented him from making any observations upon 
them. 2 But the legislature evidently did not share in the gover- 
nor's feeling on the point of delicacy, for it promptly and decisively 
expressed its observations in very blunt fashion. One reply, 3 ad- 
dressed to both Virginia and Kentucky, sufficed for the declaration 
that if the legislature of New Hampshire "for mere speculative 
purposes " were to express an opinion it would be that the Alien 
and Sedition Laws were constitutional and " highly expedient"; 
and that the state legislatures were not the proper tribunals to de- 
cide upon the constitutionality of laws enacted by the federal gov- 
ernment, that duty being " properly and exclusively confined to the 
judicial department." This reply, an emphatic demurrer to both 
the protest and remedy of the Virginia and Kentucky Resolutions, 
was passed unanimously by both houses. None of the New Hamp- 
shire newspapers give any accounts of the proceedings of the legis- 
lature upon this reply and, in consequence, I am unable to offer a 
satisfactory explanation of the unanimity. The attitude of the 
Republicans elsewhere warrants the conclusion that the Republi- 
cans of New Hampshire could not have entirely endorsed the re- 
ply to Virginia and Kentucky. Being few in number, probably 
they absented themselves, as in Connecticut, or remained silent. 

Of the replying states Vermont was the most tardy. Its Gen- 
eral Assembly did not meet until October 10, 1799, but the spirit 
of Vermont Federalism, as connected with the Virginia and Ken- 

1 February 13, 1799. H. U. 

2 Courier of New Hampshire, June 15, 1799. H. U. 
3 Elliot, IV. 564-565. 

VOL. V. — 16 



232 F. M. Anderson 

tucky Resolutions, manifested itself earlier. In May there was a 
rumor that Matthew Lyon, the leader of the Vermont Republicans, 
who was then serving out a sentence under the Sedition Law, 
contemplated removal to Kentucky. This announcement led to a 
characteristic paragraph in a Federalist paper published at Ver- 
gennes. 1 

" The passage of the great beast [Lyon] and his whelps to that land 
of paddyism (Kentucky) would be a curious spectacle for the northern 
and middle states. To drain this state of one thousand families of his 
followers might be a clear saving of as many halters to this Common- 
wealth, as well as much expense to towns in providing for the poor, 
taking up vagrants, would save the girdling of orchards, and still leave 
the state as much good order, morality and piety as though no such de- 
parture had ever happened ! Such an addition to Kentucky must be 
very interesting, and give new support to future resolutions in their legis- 
lature. ' ' 

When the legislature met, Governor Tichenor submitted the 
resolutions, observing that, as other states had treated them to 
" severe comment " or " marked contempt," he had not the slightest 
hesitation in predicting that the Vermont legislature would express 
its disapprobation of them in a marked degree. The legislature, in 
reply, told the governor to be assured that the resolutions would 
be considered and given the treatment which they merited. 2 On 
October 14 the assembly requested the governor and council to 
join them a week later for the purpose of considering the resolutions 
of Virginia and Kentucky. 3 The invitation was accepted, and three 
meetings in grand committee were held upon the subject. 4 At the 
first of these meetings a sub-committee of five were appointed to 
formulate suitable replies ; these were reported at the third meeting 
and accepted by the grand committee. 5 Subsequently the Council 
and the assembly adopted the replies separately : in the Council 
both were adopted unanimously ; in the assembly the reply to Vir- 
ginia received 104 votes against 52, that to Kentucky 101 to 50. 6 

The reply to Virginia 7 was decisive and, considering its brevity, 
remarkably comprehensive. The reply to Kentucky, 8 on the other 

1 Reprinted by the Albany Centinel, May 17, 1799. II. U. 

2 Records of the Governor and Council of Vermont, IV. 5 1 2-5 13. 

3 Extract from the Journal of the Assembly given in the Records of the Governor and 
Council of Vermont, IV. 228. 

1 Records of the Governor and Council of Vermont, IV. 231, 233, 240. 
5 Extract from the Journal of the Assembly given in the Records of the Governor and 
Council of Vermont, IV. 526. 

u Records of the Governor and Council of Vermont, IV. 242, 529. 

'Elliot, IV. 565. 

*■ A' lords, IV. 526-529. 



Virginia and Kentucky Resolutions 233 

hand, is long and elaborate, deserving to rank in importance with 
that of Massachusetts. It is not, like the reply of Massachusetts, 
a consideration of the general principles involved, but takes up the 
resolutions of Kentucky one after another and makes reply to them. 
The fundamental principles of the resolutions of Kentucky contained 
in the opening declaration are thus epitomized : "That the states 
constituted the general government, and that each state as party to 
the compact, has an equal right to judge for itself as well of the in- 
fractions of the Constitution, as of the mode and measure of redress." 
The entire contemporary discussion of the Virginia and Kentucky 
Resolutions brought out no more significant comment than the 
answer of Vermont to the doctrine of Kentucky. " This cannot be 
true. The old confederation, it is true, was formed by the state 
Legislatures, but the present Constitution of the United States was 
derived from an higher authority. The people of the United States 
formed the federal constitution, and not the states, or their Legis- 
latures. And although each state is authorized to propose amend- 
ments, yet there is a wide difference between proposing amendments 
to the constitution, and assuming, or inviting, a power to dictate 
and control the General Government." This brief reply of Ver- 
mont is the only one in all of the answers made by the states which, 
like the first resolution of Kentucky and the third of Virginia, goes 
directly to the fundamental question, the nature of the federal 
union. The declaration of Vermont, properly understood, is not 
free from all ambiguity on the subject. It does not declare so de- 
cisively as to admit of no doubt that the legislature of Vermont 
thought of the Constitution as ratified by the people of the United 
States acting en masse, instead of as states. But it leans strongly in 
that direction and absolutely denies the correctness of the con- 
clusion drawn by Kentucky from the opposite premise. 

The second resolution of Kentucky pronounced the Alien and 
Sedition Laws " altogether void and of no force " as contrary to the 
principles of the Constitution, Amendment X. declaring " that the 
powers not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States respectively 
or the people." To this Vermont rejoined that Kentucky miscon- 
strued and misapplied the amendment, but that even if one adopted 
the construction which Kentucky put upon that amendment, its con- 
clusion was not warranted. Under that conclusion all the acts of 
Congress would be brought in review before the state legislatures, 
while the Constitution of the United States provides that " Congress 
shall have power to make all laws which shall be proper for carrying 
into execution the government of the United States." 



254 F M. Anderson 

The third and fourth resolutions of Kentucky were disposed of in 
the reply of Vermont in a manner which was doubtless entirely 
satisfactory to the Federalists of the state, but which will not com- 
mend itself to candid and unbiassed minds. Kentucky had asserted 
that the Alien and Sedition Laws were unconstitutional because they 
infringed upon the reserved rights of the states. Vermont, while 
purporting to reply to the argument of Kentucky, shifted the ground 
from the operation of the laws upon the reserved rights of the 
states to their operation upon the rights of individuals. Thus ignor- 
ing the real question, Vermont argued that the Sedition Law was 
constitutional because a similar law was constitutional in Vermont 
and the Alien Law also because aliens have no rights under the 
Constitution. 

The remainder of the reply is not so important. The sophistry 
of the fifth Kentucky resolution was correctly declared and the 
particular feature of the Alien Act which Kentucky had denounced 
in its sixth resolution was defended. One omission should be noted. 
Kentucky in its seventh resolution had made a remarkably cogent 
argument against a latitudinarian construction of the general-wel- 
fare clause of the Constitution. This resolution was the only one 
to which Vermont failed to reply. The concluding words of Ver- 
mont are important as evidence of the spirit in which its reply to 
Kentucky was framed. Kentucky had remarked in the course of 
its argument, " that confidence is everywhere the parent of despot- 
ism." To this Vermont rejoined in a general declaration which 
carried with it a concrete application. " The experience of ages 
evinces the reverse is true, and that jealousy is the meanest passion 
of narrow minds, and tends to despotism ; and that honesty always 
begets confidence, while those who are dishonest themselves, are 
most apt to suspect others." 

Upon replies so interesting as those of Vermont it is much to be 
regretted that we have not a full report of the discussion, particularly 
as the vote in the assembly indicates that there was strong opposi- 
tion to their adoption. But information is not wholly lacking ; on 
the last day of the session thirty-three members entered upon the 
journal of the assembly a statement of the reasons for their votes 
against the replies. 1 From this statement we learn that the reply to 
Virginia as reported by the sub-committee denied to the state legis- 
latures even the right to deliberate upon the constitutionality of 
federal legislation, but that this extreme doctrine was stricken out 
upon the motion of a majority member. The minority objected to 

1 For the text of their statement see pp. 249-252, post. A. summary and extract 
are given in Records, IV. 529. 



Virginia and Kentucky Resolutions 235 

the replies because they regarded the Alien and Sedition Laws as 
both inexpedient and unconstitutional. Unfortunately the state- 
ment does not make equally plain the attitude of the minority re- 
garding the other important feature of the Virginia and Kentucky 
Resolutions, namely, their doctrine of the proper remedy for uncon- 
stitutional federal legislation. The minority declared that they 
could not assent to the view advanced by the majority, that the 
Virginia and Kentucky remedy was an unconstitutional assumption 
of power not belonging to the state legislatures. Without stating 
explicitly its own theory the minority alluded to itself as " advocat- 
ing the power of each state to decide on the constitutionality of 
some laws of the union ;" this right it limited to laws which " in- 
fringe on the powers reserved to the states, by the tenth article of 
the amendments to the constitution." Nothing was said to indicate 
the manner in which this right was to be exercised, and an express 
disclaimer was entered against " an intent to justify an opposition, in 
any manner or form whatever, to the operation of any act of the 
union." Such opposition would be " rebellion, punishable by the 
courts of the United States." From these somewhat contradictory 
declarations the only conclusion which we are warranted in drawing 
is that the Vermont Republicans agreed in part at least with their 
Virginia and Kentucky brethren upon the remedy for unconstitu- 
tional federal legislation. Upon a yet more fundamental point, the 
nature of the federal union, their agreement was complete ; the Ver- 
mont minority declared " that the states individually, compose one 
of the parties to the federal compact or constitution." 

None of the states south of Virginia sent replies and but little 
can be learned about the cause of their failure to do so. The legis- 
lature of North Carolina was in session when the Kentucky Resolu- 
tions reached that state but adjourned before those of Virginia 
arrived. The Kentucky resolutions were laid before it, but the few 
notices of its action upon them are so ambiguously phrased that the 
precise action taken cannot be ascertained. In the Senate the Ken- 
tucky Resolutions were certainly read and laid upon the table, 
where they were permitted to remain without any definite action 
upon them. 1 About the same time the resolutions were sent to the 
House, but whether that body endorsed them and sent them to the 
Senate or took into account the action of the Senate and took no 
action itself cannot be ascertained. 13 The fact that there was a 
Republican majority in the lower house and that it passed a resolu- 
tion calling upon Congress to repeal the Alien and Sedition Laws 

1 Albany Centinel, January 22, 1799. ^- U. 

2 Ibid. 



236 F. M. Anderson 

would point to the former course as the more probable. The few 
notices which I have been able to collect regarding the session of 
this legislature in the fall of 1799 make no mention of any action 
upon either set of resolutions. 

In South Carolina the legislature adjourned on December 21, 
too early to have received either set of resolutions. Before it met 
again in November of 1799 the papers of the state had made the 
people familiar with the resolutions. On November 28, Governor 
Rutledge submitted both sets of resolutions to the legislature, but 
made no comments upon them." Within five days of the end of the 
session the legislature had taken no action upon them, but beyond 
that point I am unable to trace the course of legislative proceedings 
in South Carolina. After the legislature had adjourned the Aurora" 
contained an item stating on the authority of a member of the legis- 
lature that the session was so short that it left no time for action in 
the matter, but had any action been taken it would have been favor- 
able. Making allowance for the bias of the Aurora, we may con- 
clude that probably the South Carolina legislature failed to act upon 
the resolutions of Virginia and Kentucky because it sympathized 
with the protest against the Alien and Sedition Laws but scarcely 
knew its own mind upon the matter of the remedy. 

About the state of public opinion in Georgia and Tennessee even 
less can be learned than of the Carolinas. The legislature of 
Georgia was in session in February 1799 and certainly took no 
formal action expressing disapproval of the resolutions. One item, 
to be found in many Northern papers, states that the legislature 
postponed consideration of the resolutions for one session. 4 Although 
this is not verified by other items, I am inclined to think that it is 
correct. At the next session, I can find no mention of any action 
in the matter, though the notices of the proceedings of the legisla- 
ture are quite coirrplete. Probably no action was taken. For Ten- 
nessee nothing can be said except that its legislature sent no reply 
to Virginia and Kentucky. Various items appeared in the Northern 
papers purporting to relate what action Tennessee had taken, but 
they are conflicting and none of them bear any marks of credibility. 

From the detailed study which has preceded, the following gen- 
eral conclusions seem warranted : 

I. North of the Potomac the Federalists, being in a majority in 
every state, secured emphatic expressions of disapproval for the 
Virginia and Kentucky Resolutions, either by legislative replies or 

1 Carolina Gazette, passim. Wise. H. S. 

2 City Gazette and Daily Advertiser (Charleston), December 10, 1799. H. U. 

3 January 30, 1800. II. U. The sessional Acts and Resolves give no evidence of action. 
* The Political Focus (Leominster, Mass.), April II, 1799. H. U. 



Virginia and Kentucky Resolutions 237 

other legislative action intended to be even more emphatic than a 
formal reply. South of the Potomac, where the Republican strength 
was rapidly rising, it had not yet been sufficiently consolidated to 
secure expressions of approval for even a portion of the resolutions ; 
but it was strong enough to prevent any formal disapproval of them, 
as in the North. 

2. The replies, formulated everywhere by the Federalists, de- 
clare the Alien and Sedition Laws both expedient and constitutional, 
thus constituting a most emphatic counter-protest to the protesting 
feature of the Virginia and Kentucky Resolutions. The replies 
further assert, as regards the remedy hinted at by Virginia and Ken- 
tucky, that the states have no right to pass upon the constitution- 
ality of laws enacted by Congress ; and nearly all of them, in terms 
more or less direct, point to the federal judiciary as the proper 
authority to decide upon the constitutionality of federal laws. 

3. The entire reasoning of both the Virginia and the Kentucky 
Resolutions of 1798 was grounded upon the assertion, plainly ex- 
pressed in each set of resolutions, that the Union was the result of a 
compact to which the states were parties. This fundamental doc- 
trine received no attention in any of the replies or the discussions 
over them, so far as the latter have been preserved, except in the 
reply of Vermont to Kentucky. It is probable that this assertion 
of Virginia and Kentucky was more generally accepted in 1799 
than it was later ; and it is certain that neither the Republican who 
asserted it nor the Federalist who denied it had any adequate concep- 
tion of the results to which a logical development of the doctrine 
would lead. 

4. The Republicans, wherever their attitude can be learned, fully 
endorsed the protesting features of the Virginia and Kentucky 
Resolutions and accepted in part the reasoning upon which the 
remedy was grounded, though few went to the full extent of the 
Virginia and Kentucky doctrines. 

When the Kentucky legislature sent forth its resolutions the 
excitement in that state did not entirely cease. George Nicholas, 
who with Breckenridge had been the leader of the movement in 
Kentucky, published a pamphlet early in January 1799 f° r the P ur ~ 
pose of putting the case of Kentucky in proper light. It bore the 
title A Letter from George Nicholas of Kentucky to His Friend in 
Virginia, and though dated three days prior to the passage of the 
Kentucky resolutions was really a defense of them. Nicholas de- 
nied most emphatically that the people of Kentucky contemplated 
separating from the Union, 1 and asserted that there need be no fear 

1 Pp. 21-24. H U. 



238 F. M. Anderson 

of improper opposition to the federal laws on the part of Ken- 
tucky. The laws of which Kentucky complained were of two 
sorts : one kind was constitutional, but impolitic ; the other was 
unconstitutional and impolitic. The former Kentucky would re- 
monstrate against, but would obey promptly as long as they re- 
mained in force. Although the latter might be treated as dead let- 
ters, "yet we contemplate no means of opposition, even to these 
unconstitutional acts, but an appeal to the. real laws of our country." 1 

This letter by George Nicholas brought out a rejoinder, which 
was issued at Cincinnati by a writer who signed himself, " An In- 
habitant of the North-Western Territory." 2 After a most elabor- 
ate defense of the whole policy of the federal administration, this 
writer called upon unprejudiced men to read the resolutions of 
Clark County, those of other counties throughout the state, and 
especially the resolutions of the Kentucky legislature, and then to 
say whether all these did not tend directly towards securing a dis- 
solution of the Union. In fact Kentucky had refused obedience to 
the federal laws and so far as it could do so it had dissolved the 
Union. 3 Then taking up Nicholas's classification of the objection- 
able laws, the writer argued that the only right of a state legisla- 
ture touching either class of laws was the right of remonstrance. 
The second might be brought before the supreme federal judiciary, 
which is the constituted authority for determining such matters. 4 

Aside from what can be learned from these two pamphlets, little 
can now be ascertained about the attitude of the people of Ken- 
tucky prior to the meeting of the legislature in November, 1799. 
But the pamphlets, both of which appear to have been well known 
in the state, are sufficient to show that the feature of the resolutions 
of 1798 upon which the people of Kentucky had not already ex- 
pressed their opinions was clearly put before them. Knowing this 
we may conclude that the legislature elected that fall represented 
the deliberate opinion of the people of Kentucky upon the remedy 
hinted in the resolutions of the previous year. 

In Virginia the questions raised by the resolutions of 1798 were 
constantly before the people until after the elections of 1800. 
Copies of the resolutions and of the address prepared by the legis- 
lature to accompany them were sent to each county in the state. 
To counteract the effect of the address the Federalist minority in 

■P. 31. 

2 Observations on a Letter from George Nicholas of Kentucky to his friend in Vir- 
ginia. By an inhabitant of the North-Western Territory. Cincinnati, February 14, 

1799. H. U. 

3 P. 29. 

4 Pp. 37-39- 



Virginia and Kentucky Resolutions 239 

the legislature issued a protest. 1 This protest is said to have been 
written by John Marshall, but it contains little in reply to the reme- 
dial doctrines of the Virginia resolutions. The main object of the 
protest, as its title indicates, was to demonstrate the constitution- 
ality of the Alien and Sedition Laws. Throughout the state the 
address of the legislature and the protest of the minority were 
variously received, according to the political sympathies uppermost 
in the community. In Greenbrier County the court of justices tore 
the copies of the legislative address into pieces and trampled them 
under foot ; 2 Fairfax County returned its copies to the governor, 3 
while Norfolk borough 4 and Pittsylvania County 5 adopted reso- 
lutions against the action taken by the legislature. In the Repub- 
lican counties the address of the legislature was publicly read and 
the copies distributed to those in attendance upon the court. 

The Federalist campaign against the resolutions of 1798 began 
at once and was never permitted to lag. The circulation of the 
minority protest was followed up by copying from the Federalist 
papers outside of the state nearly all that was said or done against 
the resolutions of the legislature. 6 As the elections approached 
appeal after appeal to redeem the state went forth from the Federal- 
ist leaders. In nearly all of these appeals the resolutions of the 
preceding year are directly or indirectly made the issue for the de- 
cision of the people. 

The most elaborate of these appeals was a pamphlet of fifty-six 
pages, issued as early as February by a citizen of Westmoreland 
County, who signed himself " Plain Truth." " After setting forth 
the advantages of the Union and the evils which would certainly 
result from dismemberment, Plain Truth maintained that union 
was possible only under the existing government. This premise he 
followed up by a consideration of certain measures which he thought 
ndicated a desire on the part of their promoters to bring about 
disunion. These measures were, of course, the Virginia Resolu- 
tions of 1798. In considering these measures Plain Truth went 
directly to the fundamental proposition of the third Virginia resolu- 

1 The Address of the Minority in the Virginia Legislature to the People of that State, 
containing a Vindication of the Constitutionality of the Alien and Sedition Laws. Pamph- 
let, H. U. 

2 Columbian Mirror (Alexandria), April 23, 1799. H. U. 

3 Massachusetts Spy, April 17, 1799. A. A. S. Calendar of Virginia State Papers, 
EX. 14. 

* Calendar of Virginia State Papers, IX. 20. 
6 The Virginia Federalist, September 14, 1799. A. A. S. 

6 A good example of this class of articles will be found in one copied by the IVind- 
\am Herald, April 12, 1799, from the Virginia Federalist. 

' Plain Truth: Addressed to the People of Virginia. B. A. 



240 F. M. Anderson 

tion, that the Union was the result of a compact to which the states 
were parties. "This assertion," said Plain Truth, "is believed to 
be untrue in fact, and dangerous in principle. The paper from 
which the powers of the federal government result, and which is 
termed by the resolutions, a compact, is the constitution of the 
United States. To this constitution the state governments are not 
parties in any greater degree than the general government itself. 
They are in some respects the agents for carrying it into execution, 
and so are the Legislature and Executive of the Union ; but they 
are not parties to the instrument, they did not form or adopt it, nor 
did they create or regulate its powers. They were incapable of 
either. The people, and the people only were competent to these 
important objects." ' In support of this doctrine, Plain Truth 
argued that the states were parties to the old confederation, but that 
the present federal Constitution was formed to remedy that defect 
and " was proposed, not to the different state governments, but to 
the people for their consideration and adoption." As evidence of 
this difference between the confederation and the present federal 
union, he cited the language of the preamble of the Constitution. 
"The Constitution was in truth what it professes to be — entirely 
the act of the people themselves. It derives no portion of its ob- 
ligation from the state governments. It was sanctioned by the peo- 
ple themselves, assembled in their different states in convention. 
They acted in their original, and not in their political character." 2 
Having shown to his satisfaction that the people were the parties to 
the Constitution, Plain Truth made his point against the resolutions 
of Virginia by demanding, " Why are the people excluded from our 
view, and states substituted in their places?" The motive which 
inspired the legislature to make this claim for the states, Plain Truth 
argued, was a desire to arrogate to itself power which properly be- 
longed to the people. ,1 This argument of Plain Truth's was, of 
course, an unfair one, since it was based on a mistaken reading of 
the third Virginia resolution. Plain Truth treated the term states 
in the resolutions as if it was synonymous with the term state gov- 
ernments, whereas in the resolutions the term states means the peo- 
ple of each state. The treatment by Plain Truth of the funda- 
mental doctrine of the third Virginia resolution is none the less 
instructive because it is fallacious. It shows plainly that the issue 
of national or state sovereignty, as raised by the Virginia Resolu- 
tions, was not overlooked in the Virginia campaign following their 
adoption. It indicates that the idea of state sovereignty was plainly 
put before the people of Virginia for their endorsement or rejection, 
'P. 19. £ P. 20. 3 P. 20. 



Virginia and Kentucky Resolutions 241 

though the details of the doctrine were not so clearly formulated as 
later. 

The pamphlet by Plain Truth is, perhaps, as good an illustra- 
tion as could be chosen to exemplify the character of the arguments 
used by the Federalists against the Virginia Resolutions. Almost 
all of the Federalist appeals were grounded upon the declaration 
that the Republicans were seeking a dissolution of the Union, a 
charge which the Republicans as earnestly denied. 1 In their zeal 
against Republicans the federalists did not distinguish between 
opposition to the policy of the federal administration and resistance 
to the federal government. That doughty old warrior, Daniel 
Morgan, issued an appeal to his fellow- citizens : " My God ! can it 
be possible ! that a body, supposed to be collected from the wisdom 
and virtue of the State, convened to deliberate for its honor and 
advantage, and to cooperate with the General Government in main- 
taining the independence, union, and constitution thereof, against 
foreign influence and intrigue, should so far lose sight of that object 
as to attempt to foment divisions, create alarms, paralize the meas- 
ures of defense, and, in short, render abortive every prudent and 
wise exertion? Had an angel predicted this some years ago, it would 
not have gained belief — yet it is too evident now to need testimony. 
Attempts have been made to separate us from our government ; 
they are daily making; and I am sorry to say, with too much suc- 
cess. Again I say, my fellow-citizens, support our government, do 
not support in your elections anyone who is not friendly thereto." 2 

The Republicans throughout the campaign were upon the defen- 
sive. In the main they were content to deny any knowledge of a 
desire for disunion, to inveigh against the Alien and Sedition Laws, 
and to point to the resolutions of the legislature as a conclusive an- 
swer to all the Federalist attacks. 3 Incidentally in the course of 
these arguments the remedial features of the Virginia Resolutions, 
the one portion of them which had not been passed upon by the 
people the preceding year, received much attention. 

The result of the elections in 1799 was a decided triumph for 
the Republicans, the slight gain made by the Federalists being not 
at all commensurate with the exertions which they put forth. Under 
the circumstances this result indicated that the people of Virginia 
upon second consideration approved of their own verdict of the pre- 
ceding year regarding the constitutionality and expediency of the 
Alien and Sedition Laws and also of the remedy for those laws 
which their legislature had formulated. 

1 The Virginia Argus, April 12, 1799. A. A. S. 

2 Columbian Mirror, April 18, 1799. H. U. 

3 The Examiner (Richmond), March 29, 1 799. H. U. 



242 F. M. Anderson 

When the Virginia legislature met, the replies of the other states 
Avere referred to a committee, of which Madison was chairman. 
The report of that committee, 1 since known as Madison's Report, 
after carefully considering each of the resolutions of the preceding 
year, recommended a reaffirmation of them. This action was taken 
after the counter-resolutions offered by the Federalist minority had 
been voted down by a vote of ninety-eight to fifty -seven. The vote 
may be regarded as a fair approximation to the division of public 
opinion in Virginia. 

The resolutions offered by the minority argued against the re- 
port of Madison's committee in its defence of both the protesting 
and the remedial features of the Virginia Resolutions of 1798. 2 But 
one peculiar feature of the minority resolutions is worthy of atten- 
tion here. As has been already remarked more than once in the 
course of this article, the argument for the remedy hinted at in the 
Virginia Resolutions was grounded upon the doctrine that the 
states were parties to the compact which resulted in the federal 
union. Madison in his argument for the resolution which contained 
this doctrine was forced to consider the meaning of the term states. 
The conclusion arrived at was that the term states in the resolutions 
meant " the people composing those political societies, in their high- 
est sovereign capacity." 3 Thus, according to Madison's further 
reasoning, the people of each state instead of the people of the 
United States en masse, were the parties to the Constitution. In 
the counter-resolutions offered by the Federalists this interpretation 
of the parties to the Constitution is accepted entirely. The con- 
clusion which the Federalists drew from this premise, as applied to 
the particular question then at hand, was quite different from that 
drawn by Madison, but the agreement between them is significant, 
for it shows that many of the Federalists as well as the Republicans 
accepted the fundamental doctrine of state sovereignty. 

Intrinsically the Kentucky Resolutions of 1799 and Madison's 
Report are equally important with the resolutions of 1798, or more 
so. In view of this fact it is much to be regretted that we know little 
as to what was thought of them outside of Virginia and Kentucky. 
The resolutions were widely copied, appearing in nearly all of the 
leading newspapers, but in nearly every instance that I have found, 
they appeared in the same issue with the announcement of the death 
of Washington. Sorrow so completely filled the public mind and the 
newspapers were so much taken up with details of his death, his 

1 Elliot's Debates, IV. 572 (Washington ed. 1836). 

2 Proceedings of the Virginia Assembly on the Answers of Sundry States to their 
Resolutions, 1800. Pamphlet, H. U. Pp, 100-102. 

3 Elliot's Debates, IV. 573 (Washington ed. 1836). 



Virginia and Kentucky Resolutions 243 

funeral, and the local commemorations, that the Kentucky Resolu- 
tions were overlooked. The resolutions of 1799 were not officially 
communicated to the other states and did not directly demand an 
answer. In form they were a solemn protest and in that light they 
seem to have been regarded. All the Federalist newspapers which 
made any comment upon them treated them as mere reiteration of 
those of the preceding year, failing to perceive that there was an im- 
portant difference between the two sets. 1 

In Virginia, Madison's Report was greeted by the Republicans as 
a conclusive reply to the answers of the states and a complete vindi- 
cation of the Virginia Resolutions." It was widely circulated, and 
according to the Richmond Examiner, was of much service to the 
Republican cause in the elections held in the spring of 1800. 3 In 
New England the Report appears to have been little known. I 
have not been able to find any newspaper taking particular notice of 
it, or even giving it enough attention to enable its readers to obtain 
an idea of the arguments contained in the Report. The newspapers 
of the Middle States appear not to have given it more attention than 
those of New England, but there is some little evidence to show 
that it was quite well known in New York and Pennsylvania. An 
edition of it was published at Albany, 4 and Alexander Addison pub- 
lished at Philadelphia an elaborate reply to it. 5 In this reply Ad- 
dison repeated with approval the reasoning of Madison, that the 
word states is equivalent to the expression the people of each state. 
From this premise he concluded, " It appearing then, that the peo- 
ple of the several states are the parties to the compact in the con- 
stitution, it will not follow that because the parties to a compact 
must be the judges whether it has been violated, the Legislatures of 
each state are the judges whether the constitution has been vio- 
lated." Madison's argument would be true only upon the supposi- 
tion that the state legislatures were the parties to the Constitution. 6 
Addison does not seem to have perceived that his argument pushed 
a step further would have established the principle, that the people 
of Virginia, acting in their highest sovereign capacity, would have 

' For examples see the Salem Gazette, December 27, 1799 (H. U. ); the Massachu- 
setts Spy, January I, 1800 (A. A. S. ) ; Albany Centinel, December 24, 1799 (H. U. ) ; 
the Spectator (N. Y. ), December 18, 1 799 (H. U. ) ; Massachusetts Mercury, Decem- 
ber 24, 1799; Kennebec Intelligencer, January 18, 1800 ( H. (J.). 

2 The Press (Richmond), January 31, 1800. A. A. S. 

3 April 29, 1800. 

4 There is a copy of this edition in the Boston Public Library. 

6 Analysis of the Report of the Committee of the Virginia Assembly, on the Proceed- 
ings of Sundry of the other States in Answer to their Resolutions. By Alexander Addi- 
son. Philadelphia, 1800. Pamphlet, B. A. 

6 Pp. 6-8. 



244 F' M. Anderson 

the right to judge for themselves whether the constitutional compact 
had been violated. Addison was concerned only to prove that the 
remedy hinted at by the third Virginia resolution and Madison's de- 
fense of it were incorrect. In this he succeeded beyond all ques- 
tion, but at the same time he unwittingly supplied one piece of con- 
clusive evidence that many of the Federalists saw nothing out of the 
way in agreeing with their Republican opponents in the fundamental 
doctrine of the Virginia and Kentucky Resolutions, that the Union 
is the result of a compact to which the states are the parties. 

It only remains to add a few words upon one important ques- 
tion.' How far were the Virginia and Kentucky Resolutions in- 
fluential in determining the presidential election of 1800? It has 
been often asserted that the principles of these resolutions were ac- 
cepted by the American people in that election. Unless one can 
show by documentary evidence, as I have tried to do for the dis- 
cussions of 1799, that these resolutions were discussed in the cam- 
paign of 1800 and their principles clearly made an issue, this 
amounts to nothing more than assertion. I have not been able to 
find any such documentary evidence. Invective against the Alien 
and Sedition Laws can be found in great plenty, but of direct allu- 
sions to the Virginia and Kentucky Resolutions or to their consti- 
tutional doctrines, I can find outside of Virginia only the very little 
that has been indicated in the two preceding paragraphs. From this 
evidence I am forced to conclude that the verdict of 1800, while a 
conclusive endorsement of the protest of the Virginia and Ken- 
tucky Resolutions, was not, so far as can be shown, an endorse- 
ment of either the remedy hinted at or the principles upon which it 
was founded. In a word, the remedy and its principles were not 
an issue in that campaign. 

Frank Maloy Anderson. 



Appendix. 

For contemporary opinion of the Resolutions of 1798, Elliot's 
Debates (IV. 558-565), contains only the replies sent by six state 
legislatures and the Senate of New York to Virginia. The collec- 
tion fails to represent adequately even the opinion of the state legis- 
latures, since it does not include the replies sent to Kentucky and 
the resolutions which in several states were adopted by one or both 
houses of the legislature but not officially transmitted to Virginia 
and Kentucky. So far as I know no attempt has ever yet beer 
made to supply the omissions in Elliot's collection. The following 
constitute all of the necessary supplement which I have been able t< 



Virginia and Kentucky Resolutions 245 

find, except the replies of the Rhode Island and Vermont legisla- 
tures to Kentucky ; the former is identical with its reply to Virginia, 
save in the matter of name and date ; the latter has already been 
published in the Records of the Governor of the State of Vermont, 
IV. 526-529. All of the legislative documents following, except 
C, are printed from certified copies of the legislative journals. 

A. Replies to the Kentucky Resolutions of 1798. 

Report concurred in by the Maryland House of Delegates, December 

28, rypS. 

The committee to whom were referred the resolutions of the legis- 
lature of Kentucky report, that they have taken the same under their con- 
sideration, and are of opinion that the said resolutions contain senti- 
m nts and opinions unwarranted by the Constitution of the United States, 
and the several acts of congress to which they refer ; that said resolutions 
are highly improper, and ought not to be acceded to by the legislature 
of this state. {Report of the Votes and Proceedings of the House of Dele- 
gates of the State of Alary land at November Session, 1798. ) 

Resolutions of the House of Representatives of Pennsylvania, adopted 

February 0, 1799. 

Resolved, That in the opinion of this House the people of the United 
States have vested in their President and Congress, as well the right 
and power of determining on the intent and construction of the con- 
stitution, as on the ordinary subjects of legislation, and the defence 
of the Union ; and have committed to the supreme judiciary of the 
nation the high authority of ultimately and conclusively deciding 
upon the constitutionality of all legislative acts. The constitution does 
not contemplate, as vested or residing in the Legislatures of the several 
states, any right or power of declaring that any act of the general gov- 
ernment "is not law, but is altogether void, and of no effect ; " and 
this House considers such declaration as a revolutionary measure, de- 
structive of the purest principles of our State and national compacts. 

That it is with deep concern this House observes, in any section of 
our country, a disposition so hostile to her peace and dignity, as that 
which appears to have dictated the resolutions of the Legislature of Ken- 
tucky. Questions of so much delicacy and magnitude might have been 
agitated in a manner more conformable to the character of an enlight- 
ened people, flourishing under a government adopted by themselves, and 
administered by the men of their choice. 

That this House view, as particularly inauspicious to the general prin- 
ciples of liberty and good government, the formal declaration by a legis- 
lative body, "that confidence is every where the parent of despotism, 
and that free governments are founded in jealousy." The prevalence of 
such an opinion cuts asunder all the endearing relations in life, and re- 
news, in the field of science and amity, the savage scenes of darker ages. 
Governments truly republican and free are eminently founded on opinion 
and confidence ; their execution is committed to representatives, selected 
by voluntary preference, and exalted by a knowledge of their virtues and 
their talents. No portion of the people can assume the province of the 



246 F. M. Anderson 

whole, nor resist the expression of its combined will. This House there- 
fore protests against principles, calculated only to check the spirit of con- 
fidence, and overwhelm with dismay the lovers of peace, liberty and order. 

That this House consider the laws of the United States, which are 
the subjects of so much complaint, as just rules of civil conduct, and as 
component parts of a system of defence against the aggressions of a 
nation, aiming at the dominion of the world — conducting her attacks 
more by the arts of intrigue, than by her skill in arms — never striking, 
until she has deeply wounded or destroyed the confidence of a people in 
their government — and, in fact, subduing more by the infamous aids of 
seduction, than by the strength of her numerous legions. The sedition 
and alien acts this House conceive contain nothing terrifying, but to the 
flagitious and designing. Under the former, no criminality can be in- 
fered or punishment inflicted, but for writing, printing, uttering, or 
publishing false, scandalous and malicious aspersions against the govern- 
ment, either House of Congress, or the President of the United States, 
with an intent to defame and bring them into contempt. Under the lat- 
ter, the citizens of the United States have not any thing more to fear, 
inasmuch as its operation will only remove foreigners, whose views and 
conduct are inimical to a government, instituted only for the protection 
and benefit of the citizens of the United States, and others, whose quiet 
and submission give them some claim to the blessing. Yet these laws are 
subjects of loud complaint. But this House forbears an examination into 
the cause, and only expresses its surprise that such an opposition to them 
exists ! Our country's dearest interest demands every where unanimity 
and harmony in her councils, and this House is unable to discover any 
means more favourable to those important objects, than confidence in the 
wise and honest labours of those, in whose hands is reposed the sacred 
charge of preserving her peace and independence. The voice of the 
greater number the constitution declares shall pronounce the national 
will ; but in the opinion of this House the provision is vain, unless it be 
followed by the unfeigned and practical acquiescence of the minor part. 
Loud and concerted appeals to the passions of the community are cal- 
culated to produce discussions more boisterous than wise, and effects more 
violent than useful. Our prayer therefore is, that our country may be 
saved from foreign war and domestic strife. 

That it is the opinion of this House, that it ought not to concur in 
the design of the resolutions of the Legislature of Kentucky. 

On motion of Mr. Kelly, seconded by Mr. Strickler, 

Resolved, That the foregoing resolution be signed by the Speaker, and 
that the Governor be requested to transmit the same to the Governor of 
Kentucky. ( Journal of the ] louse of Representatives of the Commonwealth 
of Pennsylvania, Vol. IX., Philadelphia, 1799, pp. 198-200.) 

Resolutions of the Delaware Legislature. 

Resolved by the Senate and House of Representatives of the State of 
Delaware, That the resolutions from the State of Kentucky are a very un- 
justifiable interference with the General Government and Constituted 
Authorities of the United States, and of dangerous tendency, and there- 
fore not a fit subject for the further consideration of this General Assembly. 

Resolved That the above resolution be Signed by the Speaker of the 
Senate, and by the Speaker of the House of Representatives, and that the 
Governor of this State be requested to forward the same to the Governor 



Virginia and Kentucky Resolutions 247 

of the State of Kentucky. {Journal of the Senate, session begun January 
1, 1799, p. 43. Text differing slightly from that given by Elliot.) 

The following is an extract from the message of Governor 
Daniel Roge'rs of Delaware, submitted to the General Assembly of 
the State on January 7, 1799. It was not known to me at the time 
of publication of the previous article. 

You will also herewith receive other resolutions of a very different 
tendency, transmitted to me by his Excellency the Governor of the State 
of Kentucky. These resolutions seem to me. both by their language 
and object, to assume a form extremely hostile to the peace and happi- 
ness of the United States. According to my understanding, the Legis- 
lature of that State undertake to exercise a power not vested in them, but 
which is expressly delegated to another tribunal. If the laws of which 
they complain are unconstitutional, it belongs to the Judiciary, and not 
to any Legislature to declare them to be so. As well may the Legis- 
lature of Kentucky or of any other State decide upon all and every other 
law of Congress. And if a measure of this kind is to be resorted to on 
every occasion, when a law becomes disagreeable to a particular State, 
however necessary it may be for the good of the whole, the Constitution, 
which was a " result of a spirit of amity and of mutual deference and 
concession ' ' will soon become a shield to the fractious and discontented, 
and instead of promoting " the lasting welfare of our country" will in- 
volve us in disputes which may finally terminate in our utter ruin. It is 
expressly declared in the fourth article " that the Constitution and the 
laws of the United States, which shall be made in pursuance thereof, 
shall be the supreme law of the land," and in the third article " that the 
Judicial power shall extend to all cases in Law and Equity, arising under 
the Constitution and the laws of the United States, etc." 

Hence it is evident that there is a proper authority to decide upon 
every Act of Congress, without the interference of the Legislature of any 
State, and that it is as unconstitutional in a Legislature to assume a Judi- 
cial Power as it would be in Congress to enact a law not warranted by 
the Constitution. {Journal of the Senate. ) 

Resolutions of the Connecticut General Assembly. 

Resolved that the attempt to form a combination of the Legislatures 
of the several states for the avowed purpose of controuling the measures 
of the Government is foreign to the duties of the State Legislatures ; 
Hostile to the existance of our national Union, and opposed to the prin- 
ciples of the Constitution ; with these impressions this Assembly doth 
deeply regret that a spirit should Exist in the Legislature of any State 
capable of dictating Resolutions like those now under consideration ; 
Resolutions calculated to subvert the Constitution and to introduce dis- 
cord and anarchy, were this Assembly permitted to decide on the 
Measures of the General Government, they would declare the Acts 
against which the aforesaid Resolutions are particularly aimed, strictly 
Constitutional, but it is sufficient to remark that the administration of the 
Government meets their entire approbation, and that the Alien, and Se- 
dition Acts, are wisely calculated among others, to establish Justice, in- 
sure domestic tranquility, provide for the common defence, promote the 
General welfare, and secure the blessings of Liberty to themselves, and 
their posterity And therefore this Assembly doth refuse to concur with 



2 |S F. M. Anderson 

the Legislature of Kentucky in promoting any of the Objects attempted 
by the aforesaid Resolutions ; 

And it is further Resolved That the Secretary of this State transmit a 
Copy of the foregoing Resolution to the Secretary of the State of Ken- 
tucky with a request that the same be communicated to the Legislature of 
said State. (MS. Records of the State of Connecticut, Vol. VI., 1 797— 
1 80 1, Session of May, 1799, p. 31.) 

B. Replies to the Virginia Resolutions of 1798. 

Report concurred in and Resolution adopted by the Mary/and House 

of Delegates, January 16, 1799, and by the Senate, 

January 19, 1799. 

The Committee to whom were referred the resolutions from the legis- 
lature of Virginia, respecting the alien and sedition laws passed at the last 
session of congress, report, that they have had the same under their most 
serious consideration, and after mature deliberation declare it as their 
decided opinion, that no state government, by a legislative act, is com- 
petent to declare an act of the federal government unconstitutional and 
void, it being an improper interference with that jurisdiction, which is 
exclusively vested in the courts of the United States ; independently of 
the above consideration, your committee, viewing the present crisis of 
affairs, believe it incumbent on them to express their opinion, that a 
recommendation to repeal the alien and sedition laws would be unwise 
and impolitic ; they therefore submit to the house the propriety of adopt- 
ing the following resolution : 

Resolved, That the general assembly of Maryland highly disapprove of 
the sentiments and opinions contained in the resolutions of the legislature 
of Virginia, inasmuch as they contain the unwarrantable doctrine of the 
competency of a state government, by a legislative act, to declare an act 
of the federal government unconstitutional and void, and as they contain 
a request for our co-operation with them in obtaining a repeal of laws, 
which, at this crisis, we believe are wise and politic. {Report of the 
Votes and Proceedings of the House of Delegates of the State of Maryland 
at November Session, 1798. ) 

Resolution adopted by the House of Representatives of Pennsylvania, 

March 11, 1799. 

Resolved, That as it is the opinion of this House that the principles 
contained in the resolutions of the Legislature of A r irginia, relative to 
certain measures of the general government, are calculated to excite un- 
warrantable discontents, and to destroy the very existence of our govern- 
ment, they ought to be, and are hereby, rejected. (Journal of the House 
of Representatives of the Commonwealth of Pennsylvania, Vol. IX., Phil- 
adelphia, 1799, p. 289.) 

C. Reply to both the Virginia and the Kentucky Resolu- 
tions of 1798. 
Reply of the New York House of Representatives. 

Whereas it appears to this House, that the right of deciding on the 
constitutionality of all laws passed by the Congress of the United States, 



Virginia and Kentucky Resolutions 249 

appertains to the judiciary department — And whereas the assumption of 
that right is unwarrantable, and has a direct tendency to destroy the in- 
dependence of the General Government — And whereas this House dis- 
claims the power which is assumed in and by the Legislatures of the 
States of Kentucky and Virginia of the sixteenth of November and the 
twenty-fourth of December last of questioning in a legislative capacity 
either the expediency or constitutionality therein referred to : therefore 

Resolved, That the Committee of the whole House be discharged 
from any further consideration of the message of his excellency the Gov- 
ernor of the twelfth day of January last, and the said resolutions which 
accompany the same. {Albany Centinel, February 19, 1799. H. U. ). 

D. Protest of the Vermont Minority. 
Tuesday, the jt/i of November, ijpp. p o'clock, A. M. 

Mr. Hay laid before the House a statement of the reasons which in- 
fluenced the minority, in the votes for passing the resolutions in answer 
to the resolutions of the states of Virginia and Kentucky, which were 
read as followeth, to wit. 

We, the undersigned, being a part of the fifty, who refused their 
assent to the acceptance of the reports, recommended by the grand com- 
mittee of the Legislature to this House, on the Virginia and Kentucky 
resolutions, respecting the acts commonly known by the titles of the 
" alien and sedition bill," do assign the following, as some of the rea- 
sons which occasioned our dissent. 

Because, although we zealously urged at an early period of the ses- 
sion, and again earnestly solicited, when this important business was last 
before us, that all the official papers which had been presented to the 
House on this subject, be printed for the use of the members, previous 
to their entering into argument, or deciding on the question, this very 
reasonable request was refused, as will appear from the Journals. Not- 
withstanding which refusal, the report of this House, on the Kentucky 
resolutions, commences with declaring " That we have maturely consid- 
ered them." 

Because, therefore, impressed with an opinion, that truth never 
shuns the light, and that sound argument never evades investigation, we 
could not believe that these resolutions, had time and opportunity been 
afforded for freely comparing each article with the others, would [have] 
appeared to the House, fraught with all the bad consequences attributed 
to them, in the two separate reports addressed to the Legislatures of these 
states. 

Because, without going into an investigation of the constitutionality 
of what is generally termed the " Sedition Bill," we have ever been of 
an opinion, with that much and deservedly respected statesman, Mr. 
Marshal, (whose abilities and integrity have been doubted by no party, 
and whose spirited and patriotic defence of his country's rights, has been 
universally admired) that "it was calculated to create unnecessarily, dis- 
contents and jealousies, at a time, when our very existence as a nation 
may depend on our union." 

Because, the "Alien Bill," as it is generally termed, grants to the 
President a power unknown to, and inconsistent with the general features 
of the constitution of the United States, through the whole whereof is 
displayed the divine principles of mildness, freedom, and liberality. 



250 F. M. Anderson 

Because likewise, at the time it was passed, it could not refer to alien 
enemies, and must therefore, of course, involve alien friends in all the 
disastrous consequences, which may arise from this excess of power, un- 
precedented, we believe, on any similar occasion, in a free government. 

It would here be improper to neglect observing, that it was but 
eleven days after this act passed, before another was enacted, which re- 
spected alien enemies, against which last act, the breath of discontent 
has never been known to be uttered. 

Because, by the ninth section of the constitution of the United 
States, it is declared, " The migration or importation of such persons, as 
any of the states now existing shall think proper to admit, shall not be 
prohibited by Congress, prior to the year eighteen hundred and eight, 
but a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each persons. ' ' 

Migration is an appropriate term, and we hesitate not to affirm, 
constantly implies a freedom of will in the person migrating, and is 
therefore contra-distinguished from importation, which must have had 
respect to slaves only ; which distinction is clearly evinced to have been 
contemplated, in the above section of the constitution, for in the latter 
part thereof it is declared, " that a tax or duty, may be imposed by Con- 
gress, on the importation of such persons," while it is perfectly silent as 
to that tax, on the migration of persons. 

Because, by this law, alien friends, and the President is empowered, 
it is true, not to interdict their landing, but to banish them as soon as he 
shall think proper, after they are landed, and inflict that severe punishment, 
without their being heard — without even the color of trial — without the 
pretence of their having committed any crime, except that very extra- 
ordinary one of being suspected — without, in short, assigning any reason 
why he does so. By which power, the intention of that part of the con- 
stitution, as far as it respects the migration of persons, though still in 
force, may absolutely and completely be defeated ; and we therefore 
should esteem ourselves highly deficient in the duty we owe to our con- 
stituents — unfaithful to the sacred trust reposed in us by them — unmindful 
of the solemn oath we have taken, " Not to do, or consent to any act or 
thing whatever, that shall have a tendency to lessen, or abridge the rights 
and privileges of the people, as declared by the constitution of this state," 
were we to refrain from expressing our decided opinion that the act 
granting this power, is an undisguised breach of the constitution of the 
United States, because it deprives the states individually, of a privilege, 
which we think, clearly remains vested in each of them, by the first article 
of the ninth section of the constitution, compared with the twelfth article 
of the amendments thereto. 

Because, in addition to the above reasons, we maintain a lively sense 
of the admonition of our darling, our beloved WASHINGTON, who, in 
his farewell address to the militia, on the western insurrection, proclaims 
this fact, and his opinion thereon, with a warmth worthy his truly patri- 
otic bosom, that "The dispensation of justice, against offenders, belongs 
to civil magistrates, and let it ever be our pride and our glory, to keep 
the sacred deposit there inviolated." 

Because, we conceive that some of the expressions in the reports 
alluded to, are highly objectionable, of which we shall only mention two. 
In the report on the Virginia resolutions, is the following unequivical 
assertion ; "It belongs not to state Legislatures to decide on the consti- 
tutionality of laws made by the general government." 



Virginia and Kentucky Resolutions 251 

Here we must observe, that the report came recommended for our 
acceptance, by the grand committee of the Legislature, with the words 
deliberate or between the words to and decide; but the prohibition of a 
state from deliberating ' on the constitutionality of the laws made by the 
general government,' appeared so radically erroneous and inconsistent, 
that a motion was made by one of the defenders of the report, as it now 
stands, to strike out the words 'deliberate or,' which was agreed to with- 
out a dissenting voice, none of those who had voted for printing the 
official papers, having interfered in the debate. 

While, therefore, we highly respect the abilities and precision of the 
majority of this House, we are compelled to declare, that in our opinion, 
this amendment renders, if possible, the assertion still more palpably pre- 
prosperous, by subjecting each individual state to a degree of humiliation, 
incalculably painful, and immoderately degrading. For as it appears 
clearly by the twelfth article of the amendments to the constitution, as 
has been before observed, that the states individually, compose one of the 
parties to the federal compact or constitution, it does of course follow, 
that each state must have an interest in that constitution being pure and 
inviolate. 

By the report, as amended and adopted by the House, each state is 
tacitly permitted the wretched, despicable prerogative of deliberating 
through their Legislature, on the real or supposed infraction of a com- 
pact, in which they are highly interested. But when they have de- 
liberated, there they must stop, for they cannot communicate their senti- 
ments in the common way, because that must necessarily involve their 
decision on the question ; but this is declared in the report, to be an un- 
constitutional assumption of power, ' not belonging to state Legislatures.' 

As we cannot yield our assent to this new method of tantalizing Legis- 
lative bodies, we willingly and cheerfully relinquish to the honorable in- 
ventors, all the profit and honor which may arise from the discovery. 

Because, each state in the union, is by this diminutive explanation of 
their rights, debarred from a privilege, not only daily exercised by indi- 
vidual citizens, but in no instance attempted to be denied to them by the 
great legislative body of the union. As a proof of which we refer to the 
report of the committee of Congress, to whom was referred the memorials 
and petitions complaining of the act entitled 'An act concerning aliens,' 
on the twenty-fifth of February last, who admit in their report, that the 
memorialists declare this act to be unconstitutional, oppressive, and im- 
politic, ' and that some of the petitions are conceived in a style of 
vehement and acrimonious remonstrance,' but not a lisp of blame leaks 
out from this committee because the petitioners gave their decision, 
against the constitutionality of this law. From which it appears to us, 
that the report of this house voluntarily, though we are far from thinking 
intentionally, sacrifices a valuable prerogative of this state, not expected, 
much less demanded by the government of the union. 

Let it not be supposed, that in advocating the power of each state to 
decide on the constitutionality of some laws of the union, we mean to 
extend that right to any laws, which do not infringe on the powers re- 
served to the states, by the twelfth article of the amendments to the con- 
stitution. We cannot, therefore, be charged with an intent to justify an 
opposition, in any manner or form whatever, to the operation of any act 
of the union. That we conceive to be rebellion, punishable by the courts 
of the United States. 

Because, in the latter part of the report on the Kentucky resolutions, 



252 F. M. Anderson 

the term jealousy, which is therein affirmed ' to be the foundation of a 
free government,' is stigmatized in the report, ' as the meanest passion of 
narrow minds,' and a suggestion in our opinion ungenerous, is warmed 
in immediately afterwards, the intention of which, without entering 
deeply into the spirit of innuendoes, cannot be well misunderstood. 

Whether jealousy, in a political sense, be a virtue or a vice, depends, 
we conceive, on the object by which it is produced, and the extent to 
which it is carried. As a proof of this, we will once more quote an ad- 
monition of our illustrious Washington, in his farewell address to his 
fellow-citizens. ' Against the insidious wiles of foreign influence (says 
he) I conjure you to believe me fellow-citizens, the jealousy of a free 
people ought constantly to be awake. ' 

But from this part of the report we were compelled to dissent for an- 
other reason, still more cogent, for by our consent, we should have ac- 
knowledged that the great body of our general constituents, had justly in- 
curred the obloquy of possessing ' the meanest passion of narrow minds.' 

In a late address of thanks to his Excellency the Governor, to which 
this House unanimously concurred, we say, ' That our constituents enter- 
tain too high a sense, are too jealous of their own rights, ever to infringe 
wantonly, or intentionally, on those of any friendly nation.' From 
which it follows, that either this House entertained a most ignominious 
and disrespectful opinion of their constituents — that what is virtuous in 
them, is vicious in the Legislature of Kentucky — or that the explanation 
of the term jealous, in the report to which we have given our dissent, as 
applied to the subject of the Kentucky resolutions is altogether erroneous, 
ungenerous, and unfounded. The last of which three propositions, is the 
only one of them to which we could or can give our assent. 

And lastly, we assign as a principal reason of our dissent, because we 
believe that the most pressing of our social duties, as citizens of the 
union, is to guard with a watchful scrupulosity, against the smallest 
breech of our federal constitution, to which we look up with admiration, 
with pleasure and respect, as the great and impregnable bulwark of [if] 
properly defended, of our political salvation. — {Journal of the General 
Assembly of the State of Vermont, October, 1799, pp. 148-152). 



THE RISE AND FALL OF THE NOMINATING CAUCUS, 
LEGISLATIVE AND CONGRESSIONAL 

I. 

It is proposed in the present study to bring together into one 
sketch the facts relating to the development of that extra-constitu- 
tional institution which was the cradle of the organization of Ameri- 
can parties. There were formed and fixed those characteristics, 
which, notwithstanding the profound changes wrought by subse- 
quent growth, were destined permanently to distinguish the political 
life of America, which runs through the mould of party organiza- 
tion. Thus my purpose is to reconstruct a page of institutional 
history. By saying this I am at once defining the exact significa- 
tion of the word caucus, that at least which comes under the grasp 
of the historian, as opposed to the somewhat loose acceptations in 
which the term is currently employed. Writers often, in referring 
to the caucus, quote John Adams as follows : " Our revolution was 
effected by caucuses. The federal constitution was formed by cau- 
cuses, and the federal administrations, for twenty years, have been 
supported or subverted by caucuses. There is little more of the 
kind now than there was twenty years ago. Alexander Hamilton 
was the greatest organist that ever played upon this instrument." 
After having recalled the intrigues to which Hamilton lent himself 
against him (Adams) and the cabals which took place over the 
presidential elections, he adds : " This detail sufficiently shows that 
caucuses have" been from the beginning. There is, no doubt, some 
regard to public good in the prosecution of these measures. They 
are considered as necessary. There is also ambition, avarice, envy, 
jealousy and revenge. As these causes, good and bad, have hitherto 
produced such combinations, and as these causes will continue to 
the end of the world, we may presume the combinations will con- 
tinue too. . . . You cannot prevent them any more than you can 
prevent gentlemen from conversing at their lodgings." These lines, 
written in 1808, 1 when the nominating caucus was not yet fully 
developed, have, as a matter of fact, no bearing upon and no con- 

1 In the " Review of Propositions for Amending the Constitution, submitted by Mr. 
Hillhouse to the Senate of the United States," and found in the papers of John Adams 
(Works, Vol. VI.). 

(253) 



254 M. Ostrogorski 

nection with it. Adams was only speaking of the secret under- 
standings, the political meetings, often tainted with intrigue, the 
cabals. Used in this sense the caucus indeed presents nothing 
either novel or specific. The historian who should turn his investi- 
gations in this direction might as well undertake to write the history 
of human deceit or of human spite. One would not have to begin 
with the time of the Revolution ; one could trace the origin of the 
caucus to a date far anterior. To be precise, the beginning would 
have to be carried back to the garden of Eden, where the first cau- 
cus was held by Eve and the serpent. 

But the more or less secret political confabulations which were 
first designated by the term caucus, constitute in no way the essen- 
tial nor even necessary characteristic of those more or less repre- 
sentative meetings whose object is to decide on behalf of the com- 
munity upon questions relating to public affairs, and, in particular, 
to elective appointments. Those meetings, to which the earlier 
term caucus was transferred because they had been inaugurated be- 
hind the scenes, have two distinctive characteristics : the first is the 
quasi-representative character which they, rightly or wrongly, as- 
sume, and which gives them, or seems to give them, the right to 
consider matters of general concern ; the second distinguishing 
characteristic is the sanction attached to their decisions, which, once 
given, are eo ipso considered as binding not only on those present, 
not excepting the minority who have contested their passage, but 
on all those whom the meeting is supposed to represent. This 
sanction has indeed no legal authority, but the universal acquies- 
cence gives it a weight not less grave ; it has become a part of the 
public conscience of that particular political society who form the 
United States. If this character of the caucus establishes the juris- 
diction of the historian over it, it equally affords an indication and 
almost points out his path to the public man or at least to the 
public-spirited man preoccupied with the working of the political 
system and its difficulties and shortcomings, — to the reformer, as 
the phrase goes. If the authority of the caucus, and in particular, 
its binding power which acquires a lien upon the conscience of the 
individual citizen, to the point of depriving him of the full exercise 
of his rights as an elector, is but the result of a public opinion 
which shapes and unshapes itself through the action of divers in- 
fluences, in the progress of time — if, in a word, it is but the effect 
of a certain phase of the evolution of political society, nothing for- 
bids the reformer, and it may be that many considerations com- 
mand him, to strive to give a new direction to public opinion, with- 
out allowing himself to be checked by fatalistic arguments derived 
from " human nature." 



Rise and Fall of the Nominating Caucus 255 

For this twofold reason the history of the nominating caucus 
cannot fail to interest the historian as well as the politician. In pre- 
senting it to the readers of this Review, I make no pretension to 
bring out new facts ; my ambition will have been realized if I have 
grouped and connected the facts with more method than has, on 
certain points, been done hitherto. 

II. 

With the development of parties during Washington's adminis- 
tration, the system of formal nominations of the candidates of 
parties for elective offices also developed, but the integration, from 
within the parties, of permanent organizations which should serve 
as regular nominating bodies was somewhat slow. Indeed at the 
outset the parties had no need of a rigid structure, for the reason 
that the number of voters was generally limited by the qualifica- 
tions for the franchise, that the elective offices were not numerous, 
and finally because in American society, especially in New Eng- 
land, there was still a ruling class, that is to say, groups of men 
who, owing to their character, their wealth, and their social posi- 
tion, commanded the confidence of their fellow-citizens and made 
them accept their leadership without a murmur. The candidates 
were nominated in town meetings or county meetings, but in reality 
these general gatherings simply ratified selections made beforehand 
by the small coteries of leaders in their private caucuses. In Penn- 
sylvania, where the strife of factions was particularly keen, a rough 
outline of an elective organization of parties appeared sooner than 
elsewhere, but for a considerable time it proceeded by uncertain and 
unconnected spurts in which it would be difficult to discover a 
regular evolution. We do find at a pretty early stage traces of 
meetings composed of delegates who were supposed, more or less 
rightly, to have been chosen by their respective townships ; but 
more often these county meetings, where candidatures were adopted, 
were mass meetings open to all, in which the people of the neighbor- 
hood were numerous, while the inhabitants of the more remote lo- 
calities were barely represented. To nominate candidates for elective 
offices which went beyond the limits of the county, the views of 
the inhabitants of various counties were often ascertained by means 
of a very extensive correspondence ; a number of circulars were 
despatched, and from the replies received a list was drawn up of 
the candidates who had received the most votes, and it was returned 
by the same channel for ratification by the counties. These consul- 
tations were led by a few public-spirited men with a taste for elec- 
tion work, who made themselves into a committee of correspond- 



256 M. Ostrogorski 

ence for the occasion. Side by side with this mode of proceeding 
another was also practised, which consisted in making the nomi- 
nation of the candidates for the senate of the state or for the Federal 
Congress in conferences of representatives of various counties (" con- 
ferees," "electors"), appointed for this purpose in county meetings, 
and of submitting the selections to the ratification of the general 
county meetings, which, as in the primitive democracies, theoreti- 
cally retained their full powers. The practice of delegation gained 
ground, however, and in the first years of this century it seems to 
have been already fairly common in the counties. There were a 
few isolated attempts, the first of which even goes back to the year 
1788, J to bring together delegates from the whole state for nomi- 
nating candidates for Congress or for the electoral college entrusted 
with the election of the President and Vice-President of the United 
States. 

But all these meetings of delegates were composed in an any- 
thing but regular way ; too often the representation of different 
localities was neither complete nor direct. The decisions taken in 
them, however, were not binding, so to speak, on any one ; at one 
time it was the leaders who, of their own authority, made modifica- 
tions in the settled lists of candidates, according to the requirements 
of the electoral situation, at another the local voters recast the 
"ticket" as they thought proper; the distinction of parties even 
was not always observed, and mixed lists were made up. The can- 
didates, in their turn, did not consider themselves bound by the 
nominations made, and often the competitors for elective offices who 
had not been accepted went on with their candidature just the same ; 
they offered themselves directly to the electorate. This method of 
"self-nomination," very common in Pennsylvania down to the first 
years of this century, was still more so in other states, in Massachu- 
setts, for instance. 

It is not, therefore, these primitive conventions of delegates which 
were themselves without organization — created anew as they were 
in each special case and for the special occasion only, by the initia- 
tive of a private caucus, of a knot of politicians who bethought them- 
selves to call such an assemblage, or by a public meeting of some 
town which invited its neighbors to send delegates to a common 
rendezvous — -it is not these short-lived conventions that furnished a 
fixed form to the parties in their extra-constitutional existence, in 

1 Two more instances are perhaps to be found in Pennsylvania, during the twenty- 
five or thirty years after 1788, to wit, in 1792 and 1812. For the facts relating to these 
conventions and for the other antecedents of the organization of parties in Pennsylvania, 
see " Nominating Conventions in Pennsylvania," by J. S. Walton, The American His- 
torical Review, January, 1S97. 



Rise and Fall of the Nominating Caucus 257 

which nomination to office was becoming the most important func- 
tion. The extra-constitutional organization of the American parties 
started in a borrowed sphere, belonging to the constitutional struc- 
ture, namely in the state legislatures and then in the Congress of the 
United States. 

For the elective offices bestowed in each state by the whole 
body of its voters, such as the posts of governor and lieutenant- 
governor or the functions of presidential electors, the necessity of a 
preliminary understanding as to the candidates was still greater than 
for the smaller territorial units, and it could only be suitably effected 
in a single meeting for the whole state. But to organize such gen- 
eral meetings of representatives of all the localities in a regular way 
was by no means easy in ordinary times, both on account of the 
means of communication in those days, which made a journey to 
the capital of the state a formidable and almost hazardous under- 
taking, and of the difficulty of finding men of leisure willing to 
leave their homes for the discharge of a temporary duty. How- 
ever, men enjoying the confidence of the voters of the state were 
already assembled in the capital in pursuance of their functions of 
members of the legislature. Were they not in the best position for 
bringing before their constituents the names of the candidates who 
could command the most votes in the state ? This reflection occurred 
to the public, and in particular to the members of the state legisla- 
tures themselves, and they laid hands on the nomination of the 
candidates to the state offices. The members of both houses be- 
longing to the same party met semi-officially, generally in the leg- 
islative building itself, made their selections and communicated them 
to the voters by means of a proclamation, which they signed in- 
dividually. Sometimes other signatures of well-known citizens who 
happened to be in the capital at that moment were added, to give 
more weight to the recommendation of the legislators. To make 
it more sure of prevailing, the latter soon adopted the system of 
corresponding committees, which devoted their energies throughout 
the state to the success of the list. 

This practice of recommending candidates for the state, which 
rapidly became general in the whole Union, began very early. The 
first instance seems to be found in the state of Rhode Island in 1790, 
when the governor and lieutenant-governor were recommended in 
this way. 1 In the same year the rival parties nominated in a similar 
manner their candidates to the post of governor in Pennsylvania, in 

1 The Development of the Nominating Convention in Rhode Island, by Neil An- 
drews, jr., in Publications of the Rhode Island Historical Society, Vol. I., Providence, 
1893- 



2 58 M. Ostrogorski 

joint meetings of the members of parties in the legislature and the 
constitutional convention, which was convoked at that time to give 
a new constitution to the state. In 1793 we find the members of 
the legislature making the nomination of the governor by them- 
selves. 1 In 1795 the state of New York adopts this method to 
propose John Jay as governor. 2 After 1796 it appears as a settled 
practice in all the states. And in this way is introduced, for the 
first time, a permanent party organization, nestling under the wing 
of the legislatures and composed of their very elements. It rises 
above the more or less fortuitous town and county meetings, in 
which choice is made, either directly or in the second instance, of 
candidates for local elective offices, and in this respect it presents a 
somewhat striking analogy with the incipient organization of the 
revolutionary epoch, in which side by side with the corresponding 
committees of towns formed by the people, on the model of Boston, 
there were established in the various colonies, on the more aristo- 
cratic plan of Virginia, committees of correspondence appointed by 
the colonial assembly. The semi-official control of the selection 
of candidates for the higher offices assumed by the members of the 
state legislatures, was undoubtedly also tainted with " aristocratism," 
but the electoral body acquiesced in it with a fairly good grace. 
The legislature, after all, represented the most important elements 
of that body ; it had a plentiful share of the men of the old " ruling 
class" who were still regarded as the natural leaders of society, 
and by the side of them an ever-growing proportion of young 
politicians thrown up by the democratic leaven which was continu- 
ously agitating the country. The action of these men seemed to 
offer more guarantees for a satisfactory choice and to present more 
respectability than the mass-meetings, or, as some thought, mob- 
meetings, in which candidates were selected for the other offices. 
The private character of the semi-official meetings in question held 
by the members of legislatures got them the nickname of " caucus," 
by analogy with the secret gatherings of the caucus started at Bos- 
ton before the Revolution. The name of "legislative caucus" be- 
came their formal title in all the states. Besides the candidates for 
the offices of governor and lieutenant-governor, the legislative caucus 
also nominated the presidential electors, in cases where they were 
appointed by the people. :i But the nomination of candidates for the 

'J. S. Walton, Nominating Conventions in Pennsylvania. 

2 J. D. Hammond, The History of Political Parties in the State of New York, Al- 
bany, 1 842, I. 90. 

3 ft will be remembered that the legislatures of several of the states, availing themselves 
of thai clause of the Constitution which left to the states the determination of the method by 
whi( li the electors should lie chosen, assumed to themselves the privilege of naming the 
electors in legislative session. In other states the legislatures confided it to the people. 



Rise and Fall of the Nominating Caucus 259 

functions of electors soon lost its importance, for in the meanwhile 
there had arisen within the Federal Congress a caucus which, like 
the legislative caucuses of the states, took in hand the nomination 
of candidates for the presidency and the vice-presidency and entered 
on a course in which the power conferred on the electors was des- 
tined to disappear. 

III. 

In the first two presidential elections the choice of candidates 
was, one may say, a foregone conclusion. The contest did not be- 
gin until the retirement of Washington. Elected in 1796, in spite 
of some intrigues within the ranks of the Federalists themselves, 
John Adams saw, as the election of 1800 approached, a stronger 
opposition raise itself against him. The lack of unanimity within 
the Federalist camp, aggravated by the confusion which was caused 
by the death of Washington, seriously compromised the chances of 
the Federalist party. The imminent danger of the success of Jef- 
ferson and the triumph of radicalism in the government appeared to 
the Federalists of the Congress to demand their intervention in the 
presidential election, from which the Constitution had carefully ban- 
ished them. For some time past the Federalist members of the 
Congress, and the Senators in the first place, had been in the habit 
of holding semi-official meetings, to which the familiar name of cau- 
cus was applied, to settle their line of conduct beforehand on the 
most important questions coming before Congress. 1 The decisions 

1 According to the opinion generally received, these caucuses of the members of 
Congress appeared for the first time at the second session of the Eighth Congress. This 
date, which was given by Williams in his Statesman'' $ Manual (I. 224) and has been 
accepted by later writers, among others by Professor Woodrow Wilson in his remarkable 
and fascinating work on Congressional Government (p. 328), should probably be rejected 
as too late. James McHenry, John Adams's war secretary, in a letter to his nephew, John 
McHenry, of May 20, iSoo, explaining the circumstances in which it was decided to 
run Adams and Charles C. Pinckney for President without giving one a preference over 
the other, says : " The federal members of Congress held a caucus, as it is called, in 
which with very few exceptions it was determined " . . . [Memoirs of tke Administra- 
tions of Washington and John Adams, by George Gibbs, II. 347). The very words as 
it is called show clearly that the caucus meeting referred to was not the first of its kind, 
that it was already an established practice described by a fixed term. Consequently 
caucuses of members of Congress had already been held at the first session of the Sixth 
Congress. Again the revelations or rather denunciations of Duane in the Aurora against 
caucuses give very definite indications that this practice originated still earlier : in the 
first session of the Fifth Congress. See the Aurora of February 12, February 15, and 
especially of February 19, 1800, where we find the following lines apropos of the Ross 
sill which had been discussed in caucus : " We noticed a few days ago the Caucuses 
or secret consultations) held in the Senate Chamber . . . they were in the perfect 
pirit of a Jacobinical conclave . . . On this occasion it may not be impertinent to in- 
roduce an anecdote which will illustrate the nature of caucuses and show that our pop- 
ilar government may, in the hands of a faction, be as completely abused as the French 



260 M. Ostrogorski 



& 



arrived at by the majority of the members present were considered 
as in honor binding the minority ; being consequently clothed with 
a moral sanction, they gave these confabulations an equitable basis 
and almost a legal authority. In this way there grew up at an 
early stage, at the very seat of Congress, an extra-constitutional in- 
stitution which prejudged and anticipated its acts. It was now 
about to reach out still further and lay hold of a matter which was 
entirely beyond the competence of Congress. It appears that this 
was done at the instigation of Hamilton, who, being anxious to push 
Adams on one side and to prevent the election of Jefferson, wanted 
to get the electoral manoeuvre which he had hit upon for this pur- 
pose 1 sanctioned by a formal decision of the members of the party 
in Congress. 2 The latter took the decision, nominated in conse- 
quence the candidates for the presidency and vice-presidency of the 
Union, and agreed to try and get them accepted by the electors. 3 
This nomination became the precedent for a practice which corn- 
constitution has been by the self-created consuls. In the summer of 1798 ... a 
caucus was held in the house of Mr. Bingham, in this city" (/'. e., Philadelphia); 
" it was composed of the members of the Senate, and there were present 17 mem- 
bers " (which would make more than half of the members of the Senate) . . . "Prior 
to the deliberations on the measures of war, navy, a?'my, democratic proscription, 
etc., etc., it was proposed and agreed to that all the members present should sol- 
emnly pledge themselves to act /Irmly upon the measures to be agreed upon by the 
majority of the persons present at the caucus." The caucus was found to be divided 
into two factions, nine against eight. " This majority, however, held the minority to their 
engagement, and the whole seventeen voted in Senate upon all the measures discussed at 
the Caucus. Thus it is seen that a secret self-appointed meeting of seventeen persons 
dictated laws to the United States, and not only that nine of that seventeen had the full 
command and power over the consciences and votes of the other eight, but that nine 
possessed, by the turpitude of the eight, actually all the power which the Constitution 
declares shall be invested in the majority only." 

It appears probable, however, that even this date, which would refer to the first 
session of the Fifth Congress, is still too late. Senator Smith, of Maryland, when de- 
fending the caucus against the attacks of its enemies in the Senate, March 18, 1824, and 
endeavoring to show that the practice had the authority of early precedent, said that he 
" believed the first embargo was agreed upon in caucus " [Annals of Congress, Eight- 
eenth Congress, first session, I. 363). If the Senator from Maryland was speaking of 
the embargo of 1794, the caucus in question must have taken place in the first session of 
the Third Congress. 

1 According to the mode of voting then in force, the electors voted for two persons as 
President and Vice-President, without specifying which of the two they chose for Presi- 
dent and which for Vice-President : the one who obtained the greatest number of votes 
became President. Hamilton's plan consisted in associating a second popular can- 
didate (Pinckney) with Adams, and in recommending the electors, in order not to scatter 
their votes, to give both candidates an equal number of votes, in the hope that Adams, 
being one or two votes short, would be beaten by his colleague. 

2 Cf. Hamilton's letter to T. Sedgwick of May 4, 1800 ( The Works of Alexander 
Hamilton, ed. by J. C. Hamilton, New York, 1856, VI. 436). 

3 Memoirs of the Administrations of Washington and John Adams, by Geo. Gibbs, 
II. 347 ; The Life and Correspondence of Rufts King, New York, 1896, III. 238, 240. 



Rise and Fall of the Nominating Caucus 261 

pletely destroyed the whole scheme of the provisions of the Con- 
stitution for the election of the President. The electoral device 
adopted by the Federalist caucus became known through a private 
letter from one of its members to his constituents ; the caucus took 
care not to give it out in its own name, it wrapped all its proceed- 
ings in profound secrecy. And when W. Duane denounced them 
in the passage just quoted from his paper Aurora, and attacked the 
practice of caucuses, the "Jacobinical conclave," he was called be- 
fore the bar of the Senate for his " false, defamatory, scandalous 
and malicious " assertions, and barely managed to escape from the 
formal proceedings which had been taken against him. In the 
Anti- Federalist press of Boston a violent protest was also made 
against the " arrogance of a number of the Congress to assemble in 
an electioneering caucus to control the citizens in their constitu- 
tional rights." 1 But this did not prevent the Republicans them- 
selves, the Anti-Federalist members of Congress, from holding a 
caucus, also secret, for the nomination of candidates to the two 
highest executive offices of the Union ; they had only to concern 
themselves with the vice-presidency, however, since Jefferson's 
canditature for the first of these posts was a foregone conclusion. 2 
It seems that Madison, the future President of the United States, 
took the leading part in this caucus. 3 

At the next presidential election, in 1804, the Congressional 
Caucus reappeared, but on this occasion it no longer observed 
secrecy. The Republican members of Congress met publicly and 
settled the candidatures with all the formalities of deliberative as- 
semblies, as if they were acting in pursuance of their mandate. 
The Federalists, who were almost annihilated as a party since Jeffer- 
son's victory in 1 801, gave up holding caucuses altogether. Hence- 
forth there met only a Republican congressional caucus, which 
appeared on the scene every four years at the approach of the presi- 
dential election. To strengthen its action in the country it provided 
itself (in 18 12) with a special organ in the form of a corresponding 
committee, in which each state was represented by a member, and 

1 The author of this attack, signed " Old South " (the pseudonym of Benjamin Aus- 
tin, a well-known Republican writer), gives us on this occasion a good specimen of the 
style of the times. Addressing a Federalist writer who has given the news of the Fed- 
eralist caucus, he reproaches him in these terms : " What ! Decius ! are you daring enough 
to arrest the votes of Americans by telling them that their servants in Congress have al- 
ready decided the choice ? Are you so abandoned as to stab the Constitution to its vitals 
by checking the free exercise of the people in their suffrage ? If you are thus desperate 
..." etc. (quoted in Niles's Weekly Register, Baltimore, XXVI. 17S). 

2 Niles, XXVII. 66. 

3 Cf. Annals of Congress, sitting of the Senate, March 18, 1824, speech by Smith of 
Maryland. 



262 M. Ostrogorski 



s 



which saw that the decisions of the caucus were respected. Some- 
times the state caucuses intervened in the nomination of candidates 
for the presidency of the republic ; they proposed names, but in 
any event the Congressional Caucus always had the last word. 
Thus in 1808, with two powerful competitors for the succession to 
Jefferson, Madison and Monroe, both put forward in the influential 
caucus of Virginia, the Congressional Caucus pronounced for Madi- 
son, while taking the formal precaution to declare that the persons 
present made this recommendation in their "private capacity of 
citizens." Several members of Congress, who did not want to have 
Madison, appealed to the country, protesting not only against the 
regularity of the procedure of the caucus, but against the institution 
of the caucus itself. 1 The caucus none the less won the day, the 
whole party in the country accepted its decision, and Madison was 
elected. 

The same thing took place in 18 12 in spite of an attempted 
split in the state of New York, the legislature of which officially 
brought forward its illustrious statesman, De Witt Clinton, against 
Madison, who was seeking re-election. In vain did the legislature 
of New York, in a manifesto issued for the occasion, try to stir up 
local jealousies, by protesting against the habitual choice for the 
presidency of citizens of the states of Virginia, against the perpetua- 
tion of the " Virginia dynasty" ; in vain did it raise up the bitter 
feeling of state sovereignty, by pointing out that the nomination of a 
candidate for the presidency by an association of members of Con- 
gress, convened at the seat of government, was hostile to the spirit 
of the Constitution, which intended the President to be elected not 
by the people of the United States, in the sense in which they may be 
said to choose the members of the House of Representatives, but 
by the states composing the Union in their separate sovereign capacities ; 
in vain did it appeal to democratic susceptibilities by denouncing the 
usurpation by the coterie of the Congressional Caucus of a right 
belonging to the people. 2 Madison was re-elected. In 18 16, when 
the caucus met again' to choose a successor to Madison, Henry 
Clay brought in a motion declaring the nomination of the President 
in caucus inexpedient, but his proposal was rejected ; a similar reso- 
lution introduced by Taylor of New York shared the same fate. 

1 R. Hildreth, History of the United States, VI. 65. 

2Niles, III. 18. 

3 In this caucus not only the members of the Congress took part, but also the delegates 
from the territories of Indiana and Illinois. The last named retired, from considerations 
of propriety, that the members of the caucus might decide in his absence whether dele- 
gates should be permitted to vote. One must believe that the question was decided in the 
affirmative, since the delegate from Indiana is found among those voting. ( Ibid. , X. 59. ) 



Rise and Fall of the Nominating Caucus 263 

The caucus adopted the candidature of Monroe, who was Madison's 
favorite, just as this latter was in a way designated to the caucus by 
his predecessor Jefferson. The majority obtained by Monroe was 
but slight (65 votes to 54), but as soon as the result was announced 
Clay at once requested the assembly to make Monroe's nomination 
unanimous. 1 Such was the weight which the decision of the ma- 
jority of the caucus had with every member, it was considered bind- 
ing in honor on him as well as on every adherent of the party in the 
country who did not care to incur the reproach of political heresy, 
of apostasy. Under cover of these notions there arose in the Am- 
erican electorate the convention, nay, the dogma, of regular candi- 
datures, adopted in party councils, which alone have the right to 
court the popular suffrage. 2 Complying with this rule, the electors, 
who, according to the Constitution, were to be the unfettered com- 
missioners of the people in the choice of the chief magistrate, and 
to consult only their judgment and their conscience, simply registered 
the decision taken at Washington by the Congressional Caucus. 

The authority of the Congressional Caucus which got its recom- 
mendation accepted with this remarkable alacrity and made the 
"nomination" equivalent to the election, rested on two facts. On 
the one hand, there was the prestige attaching to the rank of the 
men who composed the caucus and to their personal position in the 
country. They represented in the capital of the Union the same 
social and political element, and in a still higher degree, which the 
members of the legislative caucus represented in the states, that is, 
the leadership of the natural chiefs, whose authority was still admit- 
ted and tacitly acknowledged. The elevation of Jefferson to the 
presidency, which it is the fashion to describe as the " political revo- 
lution of 1801," was in point of fact only the beginning of a new 
departure. Far from upsetting the old fabric at once, it installed 
democratic doctrines in governmental theories, but not in the man- 
ners of the nation ; and a quarter of a century will be needed, with 
the exceptional aid of events of a non-political character, to draw 
the practical conclusions from these doctrines and theories and make 
them part of the political habits of the people. 3 The latter still took 
its orders from the men who impressed it by their superiority and 
who naturally formed a somewhat exclusive and intimate circle. 

1 ll>id. 

2 Cf. the address of the legislature of New York already mentioned, Niles, III. 17; 
Matthew Carey, The Olive Branch, Philadelphia, 1S18, Chap. 78, on the congressional 
caucus. 

3 Josiah Quincy, in the picture which he has left of Washington society in 1826, re- 
marks that " the glittering generalizations of the Declaration were never meant to be 
taken seriously. Gentlemen were the natural rulers of America after all" {Figures of 
the Past, Boston, 18S3, p. 261). 
VOL. v. — 18 



264 M. Ostrogorski 

The members of the Congressional Caucus and the members of the 
legislative caucuses of the states, or, to use Hamilton's expression, 
"the leaders of the second class," 1 constituted in fact a sort of 
political family, and the latter spontaneously became the agents of 
the Congressional Caucus ; they were, in the language of a contem- 
porary, as "prefects " to it, 2 set in motion by a simple exchange of 
private letters. 

Again, the members of the caucus represented the force majeure 
of the interests of the Republican party, which enforced discipline, 
which compelled obedience to the word of command from whatever 
quarter it proceeded. It was necessary to defend at all costs the 
republic and liberty, both of which the Federalists were supposed 
to endanger. The Federalist party soon succumbed, but the recol- 
lection of the dangers, real or imaginary, to which liberty and 
equality were exposed by it, survived it, and for many a long day 
was a sort of bugbear which the leaders of the victorious party had 
no scruple about using for the consolidation of their power. To 
prevent the Federalists from returning to the charge, the Republi- 
cans had to carefully guard against divisions, and it was to avoid 
them, to concentrate all the forces of the party in the great fight for 
the presidency, that the Congressional Caucus obligingly offered its 
services. 

This system of intimidation was reinforced by an electoral 
method which made the minority absolutely powerless and gave 
the caucus an exceptional vantage-ground. 

IV. 

The Constitution having left it to the states to settle the mode 
of appointment of the presidential electors, the states took the op- 
portunity to adopt a variety of systems ; here the state was divided 
into as many districts as there were electors to be appointed, and 
each district appointed its own ; there the citizens of the whole 
state voted for all the electors on a general ticket ; finally, in sev- 
eral states the legislatures took the choice of the electors into their 
own hands. The first system allowed either shade of political 
opinion its proper influence, whereas the two last, which soon spread 
over the greater part of the Union, ruthlessly stifled the voice of 
minorities, or even enabled a minority to usurp the rights of the 
majority. Even in states where the district system was in force, 
the majority laid out the districts in such an arbitrary and irregular 

1 Works, VI. 444, and passim. 
^Niles, XXVII. 38. 



Rise and Fall of the Nominating Caucus 265 

way (gerrymandering) that they included very slight majorities of 
its adherents, side by side with very large minorities of its oppo- 
nents ; the districts were not always composed of adjoining terri- 
tories, nor was their representation equal ; one elected one repre- 
sentative, while another would elect two, three, or four. It was the 
eternal craving for domination which in American political society, 
the first formally based on right, on the legally expressed will of 
the majority, adapted itself to the new circumstances : deprived of 
the use of brute force, it set up, from the very beginning, majorities 
and minorities seeking to circumvent one another by devices of vote- 
counting. The divergent views on the Constitution and its inter- 
pretation, which broke out from this early date, gave the sanction 
of principles and convictions, often sincerely held, to these efforts 
to supplant the other side by expedients of electoral legerdemain ; 
styling itself here " Republican party," there " Federalist party," 
the majority or the pretended majority everywhere tried to annihi- 
late the minority in the name of the good cause. 

To the cause embodied in the "party " was added another pre- 
occupation connected with a political prejudice which was one of 
the most powerful factors in the organization of the new republic 
and in its early life. This was the jealousy of the small states 
anxious to assert their "sovereignty" against the large, rich and 
populous states. The Federal Constitution, it is true, adopted a com- 
promise which conciliated the small states by giving them represen- 
tation equal to that of the larger states in the federal Senate. But 
the House of Representatives was composed of members elected in 
the states on the basis of population, and there, as well as in the 
college of electors, large states and small states confronted each 
other again as such. The states, even the large ones, which fol- 
lowed the district system, which elected their representatives by 
districts where the majority belonged now to one party and now to 
the other, could not help returning a mixed set of members, di- 
vided against themselves, incapable of reflecting the individuality of 
the state, while the states that chose their members on a general 
ticket, which prevented the different opinions in the state from com- 
ing out with their due weight, secured a homogeneous and compact 
representation. This being the state of affairs, the pious solicitude 
for the autonomy of the state sanctified, in its turn, the party greed 
which used the general ticket as a weapon for overthrowing com- 
petitors ; it became a measure of self-preservation necessary for 
safeguarding the position of the state in the Union. For these 
reasons some states which originally adopted the district system 
abandoned it for the general ticket. Virginia set the example from 



266 M. Ostrogorski 



■■> 



the year 1800, 1 while condemning the general ticket in the preamble 
of the law which introduced it. 

But the advantages offered by the general ticket for ensuring the 
supremacy of the party and the sovereign individuality of the state 
could be secured only on condition of the single list being regularly 
put into shape somewhere on behalf of the people which was to 
vote it ; otherwise the desired concentration could never be carried 
out over the whole state. This being so, the Congressional Caucus 
and its local agencies had only to come forward ; they undertook to 
prepare the lists, and the people accepted the duty of voting them. 
The general ticket called for the caucus, the caucus smoothed the 
way for the general ticket, and each made over to the other the 
rights of the people, the full and independent exercise of the elec- 
toral franchise. While the general ticket claimed to prevent the 
"consolidation" of the states, the caucus consolidated in each state 
power in the hands of a few. Moreover a dissentient presidential elec- 
tor having no chance of being returned under the general ticket, the 
"imperative mandate" became logically and almost spontaneously 
the rule for the electors, to the advantage of the candidates adopted 
by the Congressional Caucus. Thus in the first and in the second 
instance, voters and electors both abdicated their independence. 

Sometimes, when the electoral contest was particularly keen, 
and the issue seemed doubtful, the leaders of the caucuses, fearing 
that the defection of a few supporters might prevent these automa- 
ton-electors from securing all the popular votes necessary for invest- 
ing them with the office, got the appointment of them transferred to 
the legislatures in which they commanded a majority made up of 
themselves. It was not uncommon for the electoral system to be 
changed on the very eve of the elections, the general ticket or ap- 
pointment by the legislature being substituted, by a sort of legisla- 
tive coup d'etat, for the district system. Disregarding all principle 
and all rule, the party in power shuffled the electoral arrangements 
like a pack of cards to suit the convenience of the moment. 2 

These malpractices, as well as the chaos of electoral systems 
they brought with them, soon caused a revolt in the public con- 
science, and a movement was set on foot to demand a uniform and 

1 " To give Virginia fair play," as Madison, who was the principal author of the 
measure, expressed himself in a letter to Jefferson, who gave the measure his approval. 
{letters and other Writings of J. Madison, 1867, II. 155). 

2 Thus for instance Massachusetts, which voted in the first three presidential elections 
on the district system, in 1800 exchanged it for appointment of the electors by the legis- 

« lature, then, in 1804, decreed the general ticket, and in 1S08 reverted to appointment by 
the legislature. North Carolina practised the district system down to 1804, and in 1808 
substituted for it the general ticket which, in 1812, made way for appointment by the leg- 
islature. 



Rise and Fall of the Nominating Caucus 267 

really popular mode of election, on the basis of the district system. 
An amendment to the Constitution of the United States was to en- 
force it on the whole Union. Proposals in this direction had already 
been submitted on several occasions to Congress, starting in the 
year 1S00, 1 but after the election of 18 12 they became more com- 
mon. In the proposals brought forward from 181 3 onwards, al- 
most every year, either in the Senate or in the House of Representa- 
tives, one of the principal arguments against the general ticket was 
that it encouraged or necessitated the regrettable practice of the 
caucus.' 2 It was pointed out with sorrow that the caucus, combined 
with the general ticket, had destroyed the whole economy of the 
plan devised by the authors of the Constitution for the election of 
the President. To' quote one of the many speeches delivered on 
these occasions and which, by the way, throws light on the whole 
problem of the permanent party organization in its relations with 
the electoral regime : "In the choice of the chief magistrate (by 
the electors) the original primary act was to be theirs — spontaneously 
theirs. The electors were free to choose whomsoever they pleased. 
. . . How hideous the deformity of the practice ! The first step 
made in the election is by those whose interference the Constitution 
prohibits. The members of the two Houses of Congress meet in 
caucus, or convention, and there ballot for a President or Vice-Pres- 
ident of the United States. The result of their election is published 
through the Union in the name of a recommendation. This modest 
recommendation then comes before the members of the respective 
state legislatures. Where the appointment ultimately rests with 
them, no trouble whatever is given to the people. The whole busi- 
ness is disposed of without the least inconvenience to them. Where, 
in form, however, the choice of electors remains with the people, 
the patriotic members of the state legislatures, vieing with their patri- 
otic predecessors, back this draft on popular credulity with the 
weight of their endorsement. Not content with this, they benevo- 
lently point out to the people the immediate agents through whom 
the negotiation can be most safely carried on, make out a ticket of 
electors, and thus designate the individuals who, in their behalf, are 
to honor this demand on their suffrages. Sir, this whole proceed- 
ing appears to be monstrous. It must be corrected, or the character 
of this government is fundamentally changed. Already, in fact, the 

1 The first proposals were brought before the House of Representatives on March 13, 
1800, by Nicholas, then by Walker on behalf of the legislature of New York on February 
15, 1802 ; by Stanley on behalf of the legislature of North Carolina on February 20, 1802; 
in the Senate by Bradley on April 16, 1802, etc. 

2 Annals of Congress, Thirteenth Congress, first session, speech of Pickens in the 
House of Representatives, January 3, 1S14. 



268 M. Ostrozorski 



& 



Chief Magistrate of the nation owes his office principally to aristo- 
cratic intrigue, cabal and management. Pre-existing bodies of men, 
and not the people, make the appointment. Such bodies, from the 
constitution of nature, are necessarily directed in their movements 
by a few leaders, whose talents, or boldness, or activity, give them 
an ascendancy over their associates. On every side these leaders 
are accessible to the assaults of corruption. I mean not, Sir, that 
vulgar species of corruption only, which is addressed to the most 
sordid of human passions, but that which finds its way to the heart, 
through the avenues which pride, ambition, vanity, personal resent- 
ment, family attachment and a thousand foibles and vices open to 
the machinations of intrigue. Their comparatively ' permanent ex- 
istence,' and concentrated situation afford the most desirable facili- 
ties for the continued operation of the sinister acts. It is not in 
nature that they should long operate in vain ; nor is it in nature that 
the individual elected by these means should not feel his dependence 
on those to whom he owes his office, or forego the practices which 
are essential to ensure its continuance, or its transmission in the de- 
sired succession. ... I dare not promise that the adoption of 
this amendment by the states will put an end to cabal, intrigue and 
corruption in the appointment of a President. No human means 
can be adequate to that end. But I believe it demonstrable that 
this amendment will deprive cabals of facility in combination, render 
intrigue less systematic, and diminish the opportunities of corrup- 
tion. . . . Faction cannot but exist, but it will be rendered toler- 
ant." l 

But the general ticket had its ardent defenders, who dwelt with 
vehemence on the dangers which the substitution for it of the dis- 
trict system would present from the standpoint of the rights of the 
states and the balance of power between the small states and the 
large ones. 2 At the same time some of the most virulent champions 
of the general ticket admitted the serious abuses which had crept 
into the presidential election by declaring, like Randolph, that the 
appointment of electors had become "a mockery — a shadow of a 
shade." But they insisted that the district system was no remedy, 
that the mischief lay not in the electoral system, but in the practice 
of the caucus : " Divide the state into districts, will that destroy the 
caucus ? Oh, no ; the men whose interests it may be to preserve the 
monster will still protect him. He will laugh at your vain attempts, 
and again and again trampling down the weak defences of the Con- 

1 Annals, ibid., speech of Gaston, pp 842, 843 ; see also the speeches of Gholson, 
same sitting ; of R. King and of Harper in the Senate, March 20, 1816. 

2 Ibid., Fourteenth Congress, second session; speech of Randolph, December 18, 
1816; of Grosvenor, December 20, 1816; of Barbour in the Senate, January, 1819. 



Rise and Fa// of the Nominating- Caucus 269 

stitution, he will, as it shall please him, or rather as it shall please 
the existing Executive, make and unmake Presidents with the same 
ease as did the praetorian cohorts the masters of the Roman world. 
. . . No, Sir, let the majority of Congress cease to do evil. Let 
them scorn to be made the instrument of party, to elevate any man 
in violation of the Constitution. Let them meet no more in caucus. 
Thus, and thus only, Sir, can the object be accomplished.' 1 The 
partisans of the district system, on their side, persisted in asserting 
that the " so objectionable practice was inseparable from any mode 
of undivided vote," that it was this which made the elector a ma- 
chine set in motion by the caucus-ticket. 2 

From year to year these arguments were repeated on both sides, 
but the solution of the question made no progress. The House of 
Representatives — where the populous states, which derived addi- 
tional power from the general ticket system or from the appointment 
of the electors by the Legislature, easily commanded a majority — 
systematically rejected all proposals for amending the Constitution. 
In the Senate, where the small states were represented on the same 
footing as the large ones, the district system met with a much more 
favorable reception. Three times the amendment obtained the con- 
stitutional majority in the states' chamber, but it was never able to 
command two-thirds of the votes in the popular section of Congress. 
The fortress of the general ticket thus remained intact, and, under 
its shelter, the caucus continued its existence. 

V. 

Yet the external defences with which the general ticket encircled 
the caucus could not long protect it, for its own forces were giving 
way, the two great forces, social and political, of the leadership and 
of the categorical imperative of the party. They had been slowly 
but steadily declining almost from the beginning of the century 
which witnessed the elevation of Jefferson and the triumph of demo- 
cratic doctrines in the theories of government. The annihilation of 
the Federalists put an end to the division into parties, and Jefferson's 
famous remark, "We are all Republicans, we are all Federalists," 
was destined shortly to represent the real state of things. The sur- 
vivors of the Federalist party gradually fused with the Republicans, 
and when Monroe came into power, the old landmarks were defini- 
tively obliterated ; the Constitution which had aroused so many 
passions and animosities now inspired every citizen with sentiments 
of admiration and adoration ; under its aegis the country was ad- 

1 Speech of Gvosvenor, quoted above. 
2 Speech of Pickens, Decmber 18, 1816. 



2 to M, OstroQ-orski 



£> 



vancing with giant strides, released from all party preoccupation ; 
" the era of good feelings" had dawned in political life. And yet 
the Congressional Caucus, in putting forward its candidates, repeated 
the old refrain which exhorted the people to rally round them to 
confront the enemy, when there was no enemy ; it invoked the 
sovereign cause of the party when the "party" no longer had any 
particular cause and represented only a memory of the past. But 
the less the ruling politicians were separated by differences on points 
of principle, the more readily did their narrow circle become a field 
for intestine strife and for intrigue. Hardly had Monroe's second 
administration begun (in 1821) when they were seized with the 
" fever of president-making." Several candidatures arose ; all the 
candidates claimed to represent the firm of the Republican " party "; 
each candidate had his friends in Congress, who intrigued and plotted 
for him, waging a secret and pitiless war on all his rivals. They 
would have been glad enough to back up their claims with prin- 
ciples, with "great principles," but no distinctive principles could 
be discovered, not even with a magnifying glass. 1 One of the 
candidates for the presidency, Crawford, hit upon another expedient : 
being Secretary of the Treasury in Monroe's administration, and 
disposing of a somewhat extensive patronage, of places and favors 
to bestow, he did not scruple to use them to secure adherents. 
These bargainings and cabals seemed to justify the complaints of 
the intervention of members of Congress in the presidential elec- 
tions, so often made in the course of the periodical debates on the 
general ticket. The prestige of the leadership could no longer 
shield the practices which were indulged in at Washington, for this 
prestige was profoundly impaired ; it had been systematically un- 
dermined for a quarter of a century by the social and economic re- 
volution which was going on in the American republic. 

The politico-social hierarchy which Puritianism had set up in New 
England, and which was the outcome of an alliance between the 
magistracy, the clergy, property and culture, was collapsing. The 
eclipse of the Federalists, who were the living image of government 
by leaders, robbed it of one of its strongest supports. The influence 
of the clergy, which had been one of the main props of the Federal- 
ists, was being thrust out of lay society. On the other side of the 
Alle«jianies, on the virgin soil of the West, a new world was grow- 
ing up, free from all traditions, because it had no past ; instinct with 
equality, because its inhabitants, who were all new-comers, parvenus 

1 " Could we only hit upon a few great principles and unite their support with that 
of Crawford" (one of the candidates), wrote a Senator on his side, " we should succeed 
beyond doubt." Marlin Van Bnrcu, by E. M. Shepard, p. 92. 



Rise and Fall of the Nominating Caucus 



271 



in the elementary sense of the word, resembled each other. And 
this country of the West was advancing daily in population, in 
wealth, and in political importance. The old states were also cele- 
brating great triumphs, due to the marvellous rise of their commerce 
and their industry ; but their new prosperity acted rather as a dis- 
solvent of the old order of things, it created a new class of rich men, 
composed of successful merchants and manufacturers ; these nonveaux 
riches supplanted the old ones, without, however, taking their place 
in the esteem and the reverence of the people. The rapid growth 
of the cities helped to destroy the old social ties. At the same time 
the individual was being directly urged by men and things to shake 
off the old servitudes, or what was represented to him as such. 
The triumph of Jefferson, in 1801, without effecting a democratic 
revolution in habits, gave an extraordinary impulse to the propa- 
ganda of democratic ideas, made them the object of an almost ritual 
cult. Politicians vied with each other in repeating that the voice of 
the people is the voice of God, that before the majesty of the people 
everything should bow. Writers popularized and gave point to 
these ideas. In pamphlets composed for the farmers and the me- 
chanics they preached a crusade against " money power," banks, 
judges appointed by the government, and against all the other aris- 
tocratic institutions, the mere existence of which was an insult to the 
sovereign people. 1 

The lesson which the American citizen learnt from things was 
not less stimulating. Material comfort was increasing with unpre- 
cedented rapidity. The series of great inventions which marked the 
beginning of the century, the steamers which sped to and fro over 
the vast republic, at that time richer in large rivers than in roads, 
the natural wealth which sprang from the soil, gave each and all a 
share in the profits of the economic revolution. Endless vistas of 
activity opened before every inhabitant of the Union ; the soul of 
the American citizen swelled with pride, with the confidence of the 
man who is self-sufficing, who knows no superiors. The political 
sovereignty which was conceded to him with so much deference 
soon appeared to him as a personal chattel. And then to exercise 
his proprietary right over the commonwealth, he had no need of 
another person's intelligence ; was it necessary for his success in 
private life ? The leading citizens, therefore, who in Congress or in 
the legislature of his state, meeting in caucus, dictated to him his 
line of conduct, the choice of his representatives, became a set of 

1 Cf. W. Duane, Politics for American Farmers, being a Series of Tracts exhibiting 
the Blessings of Free Government as it is administered in the United States, compared 
with the boasted stupendous Fabric of British Monarchy. Washington, 1807. 



272 M. Ostrogorski 

usurpers in his eyes. Jealous of their pretended superiority, he 
grew impatient of their domination. 

The small group of these trained politicians, assembled in the 
capital of the Union, was now plunged in intrigues aiming at the 
chief magistracy of the republic, and these intrigues were about to 
have their denouement in the Congressional Caucus, if the established 
precedent were followed on this occasion again. Would it be fol- 
lowed ? Would they dare to do it ? — were questions asked in va- 
rious quarters. And before long the Union became the scene of a 
violent controversy about the next meeting of the Congressional 
Caucus ; it was discussed in the press, it occupied the public meet- 
ings, the state legislatures voted resolutions upon it. One of the 
candidates for the presidency, Andrew Jackson, who was not a poli- 
tician, and who was in more than one respect a homo novits, could 
count but little on the favor of the Congressional Caucus ; so his 
electoral managers came to the conclusion that to make his success 
more certain it was indispensable to overthrow the caucus, and they 
therefore took an important part in the campaign started against it. 1 
Most of the numerous manifestations of public opinion were hostile 
to the caucus. Its advocates urged in its behalf the plea of the 
"ancient usages and discipline of party," and strove to prove that 
it was useful as a means of maintaining the harmony of the Union, 
and of counteracting the centrifugal tendencies of local competitions, 
that it represented the country as a whole, etc. But the voices 
which denounced it as the centre of an oligarchic clique, or as "a 
powerful machinery confined in the hands of a few presumptuous 
demagogues," etc., were louder. The greater part of the press was 
antagonistic to the caucus, 2 and some of the journals, with Niles's 
Register at their head, led the campaign against it with extraordinary 
vehemence. The worthy Niles wrote: "'As my soul liveth ' I 
would rather learn that the halls of Congress were converted into 
common brothels than that caucuses of the description stated should 
be held in them. I would rather that the sovereignty of the States 
should be re -transferred to England, than that the people should be 
bound to submit to the dictates of such an assemblage. But the 
people will not succumb to office-hunters. . . . The great mass of 
the American people feel that they are able to judge for themselves ; 

'On this point we have the evidence, not to say the avowal, of Jackson's principal 
election agent, Major Lewis, in the Narrative which he supplied to Parton, Jackson's 
biographer {Life of Andrew Jackson, III. 21). 

2 According to Niles, out of 35 Virginian journals only three were for the caucus, in 
Ohio one journal in 48 was favorable, in New York ten out of 125, in Pennsylvania three 
out of 100, in Maryland two out of twenty, in Vermont two out of thirteen [Register, 
XXVI. 99). 



Rise and Fall of the Nominating Caucus 273 

they do not want a master to direct them how they shall vote." 1 
The popular meetings almost without exception condemned the 
nominations made by the caucus as a flagrant usurpation of the 
rights of the people. 2 The state legislatures were more divided. 
In the East the legislative caucuses of New York, Maine and Vir- 
ginia pronounced for the old practice of nomination by members of 
Congress, 3 but in Maryland and in some states of the young West 
the caucus was rejected with indignation by formal votes of the 
legislatures in official session. At the head of these states of the 
West was the state of Tennessee, General Jackson's native country. 
The local legislative caucus hastened, in August, 1822, more than 
two years in advance of the election, to record a vote recommend- 
ing him for the chief magistracy. Then the legislature of the state, 
acting in its official capacity, passed resolutions energetically con- 
demning the practice of the Congressional Caucus and communi- 
cated them to all the legislatures of the Union. 4 The reception 
given by these latter to the intervention of their sister of Tennessee 
was not of the warmest ; the great majority of the legislatures ab- 
stained from considering the communication ; in others, except in a 
few cases, it was received rather with disfavor/' Tammany Hall 

ilbid., XXI. 339. 

2 Among these many meetings should be mentioned a " numerous meeting'' of citi- 
zens of Cecil County, Maryland, of September 4, 1823, and a "numerous and respect- 
able" meeting of citizens of Jefferson County, Ohio, of December 2, 1823. Their reso- 
lutions with long-winded preambles and expressing identical views present a significant 
contrast in tone and reasoning ; those of the old Maryland in the East (see Niles, XXV. 
40) bear the stamp of labored legal argument, while the language of the young state of 
the West, overflowing with enthusiasm, pays no heed to all the " whereas," and bluntly 
proclaims : " The time has now arrived when the machinations of the few to dictate to 
the many, however indirectly applied, will be met with becoming firmness, by a people 
jealous of their rights. . . . the only unexceptional source from which nominations can 
proceed is the people themselves. To them belongs the right of choosing ; and they 
alone can with propriety take any previous steps" (p. 4 of the report of the meeting, 
published in pamphlet form). 

3 Hammond, II. 129; Niles, XXIV. 139; XXV. 292, 370. 

4 In this document the arguments against the Caucus are summed up under five 
heads, as follows : I. A caucus nomination is against the spirit of the Constitution. 2. 
It is both inexpedient and impolitic. 3. Members of Congress may become the final 
electors, and therefore ought not to prejudge the case by pledging themselves previously 
to support particular candidates. 4. It violates the equality intended to be secured by 
the Constitution to the weaker states. 5. Caucus nominations may in time (by the in- 
terference of the states) acquire the force of precedents and become authorities, and 
thereby endanger the liberties of the American people" {ibid., XXV. 137-139). 

5 See especially the message of Governor Troup of Georgia to the legislature, and 
the decision of the senate of the state of New York (Niles, XXV. 293, 323). The 
first-mentioned expressed himself somewhat harshly about the step taken by the Tennes- 
see legislature: "What precise and definite meaning the legislature of Tennessee de- 
signed to attach to the word caucus, I cannot conceive," says the governor. " It is not 
an English word — it is not to be found in our dictionary, and being an uncouth word, 



274 M. Ostrogorski 

came out straight for the caucus, by passing a resolution : " we do 
seriously desire a congressional caucus . . . . as the system of caucus 
nominations by Congress and by the legislature has, heretofore, sus- 
tained us in adversity and contributed to our triumph." But in the 
popular meetings, and in most of the newspapers, the attacks on 
the caucus continued without intermission. 

VI. 

In Congress the intrigues of the rival factions also continued ; 
the friends of all the candidates, excepting those of Crawford, 
resolved to take no part in the caucus, for if they attended it, they 
would be obliged, in pursuance of the non-written law of caucuses, 
to bow to its decision, were it voted by a majority of one only, and 
to give up their favorite candidates at once ; in any event, if no can- 
didate obtained a majority in the caucus, as was becoming probable 
owing to the multiplicity of candidatures, they would all issue from 
it with lowered prestige. A preliminary canvass had proved that 
two-thirds of the Republican members of the Congress refused to 
meet in caucus ; Crawford's partisans none the less persisted in con- 
vening it. By way of meeting the reproaches which were levelled 
at the caucus of being a " Jacobinical conclave," its organizers de- 
cided that it should be held in public. It took place on the 14th of 
February, 1824, in the hall of Congress. Directly the doors were 
opened an enormous crowd thronged into the galleries, but on the 
floor of the brilliantly lighted chamber the seats of the members of 
the caucus remained almost empty. At last it was ascertained that 
of two hundred and sixteen members summoned, sixty-six had re- 
sponded to the appeal. 1 Crawford obtained an almost unanimous 

and of harsh sound, I hope never will. It is not to be found in either the constitution 
or laws of Tennessee, and being a mere abstract conception, cannot become a subject of 
legislation at all. The paper evidently refers to a contemplated meeting of the members 
of Congress to influence a decision of a certain question. Can any act of the legislature 
of Tennessee affect the persons of members of Congress or others at the city of Wash- 
ington ? There it has no more jurisdiction than it has beyond sea. Members of Con- 
gress, like all other officers of government, stand in two relations to society, the one pub- 
lic, the other private — they forfeit nothing of their rights by assuming public duties. . . . 
It is thus that legislatures, on the eve of great elections, stepping aside from their legiti- 
mate province, enter the field of contention, inflame the angry passions, making conten- 
tions more fierce, and the tumult more boisterous "... 

1 Niles, who was among the spectators, published a report of the caucus in his paper: 
. . . "The great hall of the House of Representatives was 'brilliantly lighted up, 
and here and there a member was seated and every now and then we saw another in the 
vast distance as if seeking the sheltering shadow of a friendly column. ' Adjourn, ad- 
journ,' said several of the crowd in the gallery, perhaps loud enough to be heard in the 
caucus below, but others said ' go on,' and one added, ' let us see them commit political 
suicide, and destroy their friend.' Some wondered at the thinness of the meeting, and 
one man seemed quite distressed about it, for indeed it was a sorry sight." . . . With- 



Rise and Fall of the Nominating Caucus 275 

vote, but it was that of a small minority of the party only and the 
result simply proved the inability of the caucus to effect the concen- 
tration which was its raison d'etre. Nevertheless it issued a long 
manifesto to demonstrate the necessity of persisting in the old 
practice and to warn the public of the disastrous effects likely to 
ensue from its abandonment, which would not be confined to the 
election of the President and the Vice-President, but would shatter 
the whole existing system of nominations to elective offices and ruin 
Republican ascendancy. The signatories of the manifesto insisted 
that no less a matter than the " dismemberment or the preservation 
of the party" was at stake. 1 Salvation therefore lay in the main- 
tenance at all hazards of the traditional organization of the party. 

The manifesto made no impression on public opinion, and the 
champions of the caucus soon had to withstand a great onslaught 
which was made on them in Congress. The handle for it was given 
by the everlasting question of the electoral regime, of the general 
ticket, or the district system. A long discussion arose in the Sen- 
ate, which was transformed almost immediately into a passionate 
debate on the caucus. In the preceding discussions the caucus had 
been placed in the dock as the accomplice of the general ticket ; 
now it was its own case which came before the court. Rufus King, 
one of the survivors of the generation which had founded the repub- 
lic, opened fire with a long indictment of the " new, extraordinary, 
self-created central power, stronger than that of the Constitution, 
which threatens to overturn the balance of power proceeding from 
its division and distribution between the states and the United 
States," to degrade the legislature, to hand over the government to 
coteries of men " regulated by a sort of freemasonry, the sign and 
password of each at once placing the initiated in full confidence and 
communion with each other in all parts of the Union," etc.- In sup- 
porting Rufus King's attack, other senators protested against the 
assertion that the recommendations of the caucus were but a simple 
expression of opinion of private citizens, and that they committed 
nobody. It was precisely the influence attaching to their capacity 
of members of Congress which was the foundation of the Congres- 
sional Caucus, according to its opponents. And, in fact, they added, 

out any consideration at all (of the candidatures) "the members of Congress and 
caucus were summoned by states, to give in their votes, tellers being appointed to count 
them. . . . When the proclamation was made some ' Buckingham ' in the gallery 
induced two or three persons to clap their hands, as much as to say, ' long live Caucus,' 
but a pretty general hiss came out at nearly the same moment." [Register, XXV. 405.) 

1 3d., 391. 

2 Annals of Congress, Eighteenth Congress, first session, sitting of March 18, 1824,. 
PP- 355-3 62 - 



276 M. Ostrogorski 

can it be maintained that the meetings which take place in the hall 
of Congress with their chairman in the Speaker's chair and the 
officers of the House at the doors, are meetings of private persons ? 
It would be arguing like the priest who, when insulted on his way 
to church, threw off his gown exclaiming, " Lie there, divinity, 
until I punish that rascal ; " and then, " having, in his private capac- 
ity, inflicted the chastisement, resumed the character of clergyman 
and proceeded to preach up charity and forgiveness of injuries, love 
to God and good-will towards man." : The perpetuation of the 
Congressional Caucus will open the door to the greatest abuses and 
to corruption. " It is an encroachment on the sovereignty of the 
people, the more alarming, inasmuch as it is exercised in the cor- 
rupt atmosphere of executive patronage and influence. Make me 
President, and I will make you a Minister, or Secretary, or, at all 
events, I will provide you with a good berth, suited to your wants 
if not to your capacity. . . . The President and Congress were in- 
tended by the wise framers of the Constitution to act as checks each 
upon the other, but by the system at present practised, they lose the 
benefit of this salutary provision." 2 

The defenders of the caucus, far more numerous in the Senate, 
took rather a high tone with its opponents. There was nothing, 
they declared, new-fangled in the caucus system, " it originated 
with the Revolution itself. It was the venerated S. Adams or his 
father who first suggested it. Was there any intention to recom- 
mend a man who was abhorrent to the people ? If the people are 
united in favor of another man, the recommendation would not 
weigh a feather. The old adage is that by its fruits the tree shall 
be known. What has been the result of this practice for the last 
twenty years ? Has your Constitution been violated ? Is not our 
happy situation an object of congratulation ? Is not every nation 
which is striving to break the fetters of slavery, looking to us as the 
landmark by which they are to be guided ? These are the fruits of 
this system, which has been followed, in relation to the presidential 
election, from 1800, up to the present day ; which has been sus- 
tained by the people ; and which has some of the greatest names 
of the country to support it." 3 The attacks on the caucus were due 
rather to the rancor of a defeated party or to personal considera- 
tions. " It was by the caucus," said Senator Noble, " that the 
power then in the hands of Federalists was dislodged, and from my 
youthful days I said Amen ! and so I say now." 4 Developing this 

1 Annuls, ibid., p. 382, speech of Hayne. 

2 Annals of Congress, Feb., pp. 41 2, 413, speech of Branch. 

3 Ibid., 391, 392, speech of Barbour of Virginia. 
* Ibid. , 374. 



Rise and Fall of the Nominating Caucus 277 

idea, the president of the last caucus, Smith, declared in his turn 
that it was by the caucus that the Republican party had been 
brought into power. " The bridge which has carried me safe over, I 
call a good bridge. ... I act as a party man and have no hesitation 
in saying that I wish to keep my party in power ; that I believe the 
caucus system is the most effectual means ; and that when we cease 
to use it, we' shall thereby deprive ourselves of one most powerful 
instrument. ... In a government like ours, where many of our 
great officers are elected, there must be some mode adopted whereby 
to concentrate the votes of the people. The caucus system is 
certainly the best. For the presidency, for instance, is it not rational 
to suppose that the members of Congress have better opportunities 
of knowing the character and talents of the several candidates than 
those who have never seen them and never acted with them ? How- 
ever, the caucus mode is denounced, and now let us see what is to 
be substituted." 1 

The debate lasted for three days ; more than twenty speakers 
took part in it. At last the Senate, wearied out, adjourned the dis- 
cussion sine die. But it was clear to every one that the verdict had 
been given, that the Congressional Caucus was doomed. After the 
fiasco of the last meeting of the caucus, from which two-thirds of 
the Republican members of Congress absented themselves, the great 
debate in the Senate gave it the finishing blow. " King Caucus is 
dethroned," was said on all sides. And it made no attempt to re- 
cover its sovereignty ; the animadversion which it aroused in the 
country was too great. 

VII. 

As the authors of the manifesto issued on behalf of the last Con- 
gressional Caucus had foreseen, its collapse entailed that of the whole 
system of nomination for elective offices by caucuses. The legisla- 
tive caucuses in the states had also to retire before the rising demo- 
cratic tide. Their ranks had already been broken into before the 
explosion of democratic feeling which began with the third decade 
of this century. In the legislative caucuses composed only of mem- 
bers of the party in the legislature the districts in which their party 
was in a minority were left unrepresented, and yet decisions were 
taken in them which bound the party in the whole state ; sometimes, 
even, the caucus represented only the minority of the party in the 
state. To meet the complaints made on this score, the caucuses 
decided, towards the latter part of the first decade, to take in dele- 
gates elected ad hoc by the members of the party in the districts 

^Annals of Congress, ibid., 395-398. 



2 7 S HI. Ostrogorski 

which had no representatives in the legislature. In this way a 
popular element was introduced into the oligarchical body of the 
caucuses and with powers expressly conferred. It mattered little 
that this innovation was not due, in the first instance, to the feeling 
that the caucus was usurping the rights of the people, but to the 
fact that it did not provide the party with a materially complete 
representation. The gap was made, and it was destined to go on 
widening until the whole people could enter by it. Rhode Island 
is perhaps the first to supply an example of a " mixed " caucus, 
about the year 1807, for the nomination of candidates to the high 
offices of the state. 1 The following year we see it introduced into 
Pennsylvania, after a campaign in which the proposal to entrust the 
nomination of the candidates to special delegates did not find much 
favor with the population, which held that the sending of delegates 
would cause " trouble and expense " and divisions in the party into 
the bargain. It was the Republican caucus which, to silence the 
rival faction, itself invited the counties represented by non-Repub- 
licans to send delegates on the basis of local representation to the 
legislature, to join with the Republican members of the legislature 
in nominating candidates for the posts of governor and lieutenant- 
governor. The first mixed caucus met on March 7, 1808, at 
Lancaster. 2 The violent strife of factions which filled the political 

1 The Development of the Nomination Convention in Rhode Island, by Neil Andrews. 
The author of this interesting study fixes the date of the first mixed caucus at 1810 ; but 
the quotations given by Mr. Andrews from the Phenix of February 14 and March 7, 
1807, referring to the " General Convention of the Democratic Republicans of the State 
of Rhode Island," seem to me to indicate that a mixed caucus was there referred to, and 
not a pive caucus, since further notices, which explicitly mention the participation of 
delegates, designate these gatherings by the same term, general convention, even empha 
sizing the word general and adding: . . . " therefore desired to elect delegates." . . . 

2 " Pennsylvania Politics Early in this Century," by W. M. Meigs, in Pennsylvania 
Magazine of History and Biography, Vol. XVII., Philadelphia, 1894. According to 
Mr. J. S. Walton (article cited above on the " Nominating Conventions in Pennsyl- 
vania ") a mixed caucus for the nomination of electors was held early in 1796, while in 
1800 they were again nominated in a " pure caucus." This last statement is, without 
doubt, an error. As a matter of fact, there was no opportunity in 1800 to nominate elec- 
tors in either a pure or a mixed caucus, for the very good reason that they were appointed 
by the legislature in its official capacity, by a joint vote, as in so many other states, in 
which the legislature assumed the legal right to choose the electors. This appointment 
of the electors by the legislature of Pennsylvania in 1S00, was the result of the fol 
lowing circumstances : the law which provided for the choice of the electors by the 
people, on a general ticket, expired before the presidential election of 1800, and was not 
renewed by the legislature, nor was a new law enacted, for the two houses — the Senate 
being Federalist and the House Republican — could not agree upon a method of choosinj 
the electors. The legislature adjourned without coming to any decision, and Pennsyl 
vania seemed about to be deprived of her vote in the approaching presidential election 
Governor McKean thereupon called an extra session of the legislature for November 
1800, and after a good deal of squabbling the houses united upon a list of electors, sever 
of whom were selected by the Senate and eight by the House. 



Rise and Fall of the Nominating C 



utats 



79 



life of Pennsylvania produced in about ten years a new variation in 
the constitution of the bodies which made the nominations of the can- 
didates. The sharp attacks of the faction of the " Old-school Demo- 
crats " on the "intrigues of the Executive, and of his servants the 
Assemblymen," decided their rivals to summon, in 1S17, at Harris- 
burg, a popular convention of delegates from the counties, in which 
the members of the legislature were to sit only in the absence of 
special envoys from their county. The name of convention, which, 
from the very beginning, was used to designate gatherings of citi- 
zens from several places, or "general meetings," became in the 
meantime the regular appellation of the representative meetings of 
delegates. The Harrisburg convention was attended by sixty-nine 
delegates and forty-four members of the state assembly. 1 The 
" mixed caucus " thus made room for the " mixed convention," the 
principle and basis of which were of a popular nature, and to which 
the members of the legislature were admitted on a subsidiary foot- 
ing only. Very often they received a quasi-mandate to this effect : 
the populations, who did not care about choosing special delegates 
"authorized" their representatives in the legislature to sit in their 
stead ; or, again, the convention admitted them by a special vote, 
they were "voted in as members." 2 The mixed convention was 
destined to be replaced eventually by the pure convention, com- 
posed solely of popular delegates elected on each occasion ad hoc. 
This last form of convention gave a definitive and permanent form, 
in party government, to the principle and the practice of the 
authority delegated by the people, the haphazard antecedents of 
which we have seen arise at the dawn of the American Republic, 
in the conferences of delegates of the townships of the county, or of 
delegates of several counties, or even in the sporadic conventions of 
state delegates. The first pure convention was organized in Penn- 
sylvania in opposition to the first mixed convention of Harrisburg, 
and on the same day, by the rival faction, which declared before- 
hand that the Harrisburg convention was only a " mongrel caucus," 
and convened its own at Carlisle. 3 Yet the " mongrel caucus " won 
the day and it was not till 1823 that both parties adopted the sys- 
tem of pure conventions. 

In most of the other states the legislative caucus disappeared 
more slowly. In the state of New York the democratic society 
of Tammany demands, as early as 18 13, the summoning of a con- 

1 M. Carey, The Olive Branch, 1818, p. 462. — Meigs, the article just quoted. 

2 This procedure was followed in Rhode Island, in 1825. See Neil Andrews, op. cit. 
'Meigs, loc. cit.; Walton, loc. cit. For the nomination of presidential electors pre- 
cedents are found of pure conventions in Pennsylvania, even before 1817. 

vol. v. — 19 



2 8o M. Ostrogorski 



^ 



vention of delegates for the nomination of candidates for the posts 
of governor and lieutenant-governor. But no effect is given, to 
this recommendation ; the legislative caucus holds the field. The 
first mixed caucus appears in New York, as a party move, only in 
1 8 17, and in 1824 it is still the caucus which makes the state nom- 
inations. 1 But in the course of the same year the conventions of 
delegates started by the convention of Utica, which was " called to 
put down the caucus," are permanently established. " The whole 
caucus system," as was proclaimed at this convention, "had been 
execrated deep from the hearts of the people. A tone of indigna- 
tion and disgust at it had gone forth in the land. It could no longer 
stand." 2 In Massachusetts it is only in 1823 that special delegates 
are added to the members of the legislative caucus. 3 In Rhode 
Island, where the participation of popular delegates in nominations 
made by the members of the legislature was introduced at an early 
stage, the people show no readiness to depute their delegates. In 
1824 it appears that barely a few towns responded to the appeal to 
send delegates ; that in a convention of more than seventy mem- 
bers there are not more than twelve or sixteen who have been 
really elected/ In several states the pure "legislative caucus con- 
tinued to make the nominations of governor and lieutenant-gov- 
ernor even for some time after 1824. 

These facts, which show how great the popular inertia, the force 
of habit, or the prestige of the leadership, were in face even of the 
rising tide of democracy, explain in a concrete way how the Con- 
gressional Caucus was able, in spite of the attacks made on it, to 
hold its own for no less than a quarter of a century and wield its 
oligarchical power, with the aid of a few small groups of men scat- 
tered throughout the Union. But if democratic feeling did not at 
once become an irresistible force, if it did not advance by leaps and 
bounds, it none the less accumulated in the mind of the nation by 
a daily, hourly process, while the legislative caucus, giving birth to 
the mixed caucus and the mixed convention, was itself paving the 
way for new cadres ; only an accident was required to make the 
pent-up force explode and shatter the old ones. This accident was 
the fall of the Congressional caucus of 1824, which sheltered the 

1 Hammond, I. 437 ; II. 156. 

2 Two Speeches delivered in the New York State Convention, September, 1S24, with 
the Proceedings of the Convention, New York, 1824, p. II. — Cf. the Autobiography of 
Thurlow Weed, Boston, 1883, p. 117, who says that the convention which met at Utica 
in August (September 24?), 1824, was the beginning of a new political era. 

3 Niles, XXIII. 343. And even this mixed caucus did not make state nominations, 
but busied itself with the impending nomination for the presidency of the Union. 
1 Neil Andrews, op. eit. 



Rise and Fall of the Nominating Caucus 281 

old leadership, which supplied it with a centre of action. And its 
collapse was all the more complete that the "party" on which it 
leaned had long- since lost all vitality, having no longer any dis- 
tinctive principles or object and aim of its own. 

It was, indeed, a double crisis : the democratic revolt was ac- 
companied and stimulated by the crisis of party, the first one of 
great moment which the American Republic had experienced. The 
democracy came in to stay, and its purpose has incontestably aided 
the development of the great commonwealth of the new world. 
The party crisis was transitory and left behind it no lasting benefit 
for the republic. The shattered parties were to form anew, but 
the disease which destroyed them, about 1824, was destined to re- 
appear and to fall upon their successors, more than once, not so 
much because of new political problems raising new differences of 
opinion, as because of the old mental habit which prevented a ready 
adaptation to the changes of time and circumstance. This habit 
was the notion of party regularity. The congressional and legisla- 
tive caucus developed and strengthened it as a microbe is developed 
in the organism. An examination of the effects of the caucus, 
made at the present time, under the perspective of by-gone years 
and events, would seem to show that the attacks directed against it 
of old were not sufficiently justified. The indictment of the con- 
gressional caucus was, undoubtedly, to a certain extent made up of 
constructive charges. The exasperation of personal and party 
strife, as well as the ardor of the democratic spirit with its exuber- 
ance of youthful vigor, had inevitably exaggerated, or at least 
anticipated, certain abuses of the caucus. In particular the alleged 
prostitution of patronage, and the bargaining between the Presidents 
and the members of Congress, which were painted in such sombre 
colors, do not seem to have presented a grave aspect, however 
justifiable may have been the apprehensions with regard to the 
future. Intrigues were not entirely absent from the proceedings of 
the caucus, but they do not appear to have given rise to actually 
corrupt practices. The personages raised to the presidency by the 
caucus were not so much its creatures as men designated before- 
hand by public opinion, or by a very considerable section of it, 
owing to their great services and their character. The untoward 
effects which the caucus really produced and which were destined 
to weigh heavily on the whole future of the republic consist in 
having established disastrous precedents and habits of mind which 
American political life has never been able to throw off; nullifying 
the scheme devised by the framers of the Constitution for the presi- 
dential election and transforming the electors into lay figures, the 



282 M. Ostrozorski 



& 



caucus has made the chief magistracy of the Union an object of 
wire-pulling ; and to get its scheme sanctioned by the people, it 
has implanted within them a respect for party conventionalism, for 
its external badge, has drilled them into a blind acceptance of 
regular nominations. 

This last point was by no means overlooked by the antagonists 
of the Congressional Caucus, and they laid stress on it with great 
distinctness and energy. As early as at the time of the first great 
revolt against the Congressional Caucus, provoked in 1812 by the 
followers of DeWitt Clinton, the very remarkable address issued by 
them and which has been already referred to, not only protested 
against caucus nominations as opposed to the sovereignty of the 
states and the rights of the people, which were thus usurped by an 
oligarchy, but denounced them with equal vigor as dangerous "to 
the freedom of election." " Even now," said the address, "acquies- 
cence in the regular nomination at Washington is by many considered 
as the touchstone of republicanism. The individuals or the states 
that dare to exercise the right of independent choice are denounced 
as schismatics and factionists ; and if already an innovation so recent 
and so flagrant be called the regular nomination, what will be its in- 
fluence should time and repetition give it additional sanction ? . . . 
Should the practice become inveterate we do not hesitate to say that 
to promulgate a nomination will be to decree the election." The 
same moving chord was struck in the last campaign against the 
caucus, that of 1823-24: "The charm of a 'regular nomination' 
shall no more have influence upon us ; and no candidate shall re- 
ceive our support who pretends to have any other reliance than his 
own intrinsic merits. . . . That system, in direct violation of our 
sacred federal Constitution, is to give to our members of Congress 
the power of nominating, or what amounts to the same thing under 
the binding authority of their proceedings in caucus, the power of 
electing our presidents." l 

But such were the expressions rather of a few isolated voices, 
and they were lost in the din of the more effective appeals addressed 
to popular opinion, to the prejudices of the hour, more especially to 
the solicitude for the sovereignty of the states and the independence 
of the Legislative from the Executive and his power of patronage, 
and above all to the democratic jealousy of the masses. The objects 
of these sentiments appeared to have more of concrete reality than 

1 Resolutions of a convention of Republican delegates for the several towns in the 
county of Madison, N. Y.; Niles, XXV. 130, 131, October, 1823. The resolutions of 
the legislature of Tennessee, which were sent to all the states, are equally illustrative of 
the point under discussion. 



Rise and Fall of the Nominating Caucus 283 

had the autonomy of the political conscience, and it was not ade- 
quately realized that state sovereignty and the sovereignty of the 
people would be but snares, words devoid of meaning, if " freedom 
of election" were stifled by party regularity. At the present time 
there is no longer any struggle or controversy about state sovereignty ; 
the people have nothing further to fight for in the American re- 
public, democracy is acknowledged absolute master. But the cry : 
" The charm of a regular nomination shall no more have influence 
upon us, and no candidate shall receive our support who pretends 
to have any other reliance than his own intrinsic merits," this cry has 
lost nothing of its timeliness and reality. It has remained a legacy 
to be discharged by the American democracy. The efforts that the 
latter will make to pay it off and to do honor to its name will form one 
of the most moving of dramas, and one whose vicissitudes will be 
followed with bated breath by contemporaries no less than by the 
future historian. 

M. OSTROGORSKI. 



DOCUMENTS 

/. Cartwright and Melville at the University of Geneva, i§6g—i§y/j.. 

Professor Charles Borgeaud, of the University of Geneva, 
well known to American readers by his Rise of Modern Democracy 
in Old and New England (1894) and his Adoption and Amendment 
of Constitutions in Europe and America (1895), has of late been oc- 
cupied, at the instance of his university, with the preparation of an 
elaborate and scholarly history of that institution and its men, to be 
published in two handsome illustrated volumes. The first, entitled 
L Academic de Calvin jusqiia la Chute de F Ancienne Republique, 
I 5 59—1798 (600 pp. quarto), is in the press and is expected to be 
issued in January, 1900. By the kindness of M. Borgeaud we are 
enabled to present, from advance sheets of this volume, 1 certain in- 
teresting documents which he has discovered in the archives of the 
university, relating to the residence and teaching there of two famous 
British divines, afterward leaders in the Calvinistic party in England 
and Scotland respectively — together with the following explana- 
tions by the author : 



In June of 1 5 7 1 , an exile celebrated in the history of the six- 
teenth-century reformation, one of the fathers of English non-con- 
formity, commenced at the request of the ministers, in the Acad- 
emy founded by Calvin twelve years before, a course of two hours 
a week, which was continued during several months. In a letter of 
Beza to Bullinger, dated September 19, 1 57 1 , at a time when the 
plague was prevalent in Geneva, he says : 

" The pest afflicts us greatly and other maladies are also prevalent, 
which carry off many. Job Veyrat, professor of philosophy, has died. 
Portus [professor of Greek] , who is more than a sexagenarian, is suffer- 
ing from the fever. An Englishman, a pious and learned man, who has 
been of great help to us, is beginning to languish. . . . The lower col- 
lege is dispersed, I alone keep up, so far as my strength permits, what 
remains of the public lecturing." 2 

The " pious and learned Englishman " was Thomas Cartwright. 
The fact of his service in the Academy has heretofore escaped the 

1 Pp. 107-119. 

2 MS. , Bibliothc-que Publique de Geneve. 

(284) 



Cartivright and Melville at Geneva 285 

biographers of the deposed Cambridge professor. But it is suffi- 
ciently assured by the records of both the Council of State and the 
Company of Pastors. In consulting these, however, it must be re- 
membered that those who kept them were not familiar with English 
names, and that therefore that of Cartwright must be sought for under 
the romanized form of Carturit. With the aid of this key one will 
find, in the records for January, 1 572, a substantial and striking 
proof of the Genevan origin of the ecclesiastical system of the Puri- 
tans. For it was in that very year, on his return from Geneva, that 
Cartwright, resuming the pen, drew up his famous Admonition to 
Parliament, one of the first manifestos launched at the Church of 
Elizabeth, the most effective and the most important in its conse- 
quences. The following are the records referred to : 

"Anglois ministre. Les ministres ayant fait advertir qu'il y a icy un 
Anglois, excellent theologien, lequel ils ont prie de faire quelques lecons 
en theologie, le jeudi et le vendredi, ce qu'il leur a promis faire gratu- 
itement, s'il est trouve bon par Messieurs, arreste qu'on l'aprouve." 
(Register of the Council, June 28, 1571.) 

1572. " Le vendredy 18 [de Janvier], tous les Freres estans en- 
semble, lettres d'Angleterre escrites par M. Chevalier ont este leues par 
lesquelles on rapelle M. Th. Carturit. 

"Le Jeudi 25'' [read 24] M. de Beze a propose au Consistoire s'il 
trouveroit bon que M. Carturit et M. Van Til ' assistassent a quelques uns 
de nos consistoires, ce qu'ilsdesiroyent pour voir 1'ordre qu'on y tient et y 
profiter et s'en servir, non seulement aux gouvernements de leurs Eglises, 
mais aussi pour respondre a ceux qui parlent de notre Consistoire autre- 
ment qu'il ne fault. La chose a este trouvee bonne et a este arreste que 
Messieurs seroient pries de l'approuver pour le consistoire prochain. 

" Le vendredi 26° [read 25], M. Carturit a este apelle en nostre 
Compagnie et a este remercie de la peine qu'il avoit prinse pour- ceste 
Eschole laquelle nous desirons de recognoistre a nostre pouvoir et en 
general et en particulier, recommandant ceste Eglise a ses prieres, 
corame aussi a cedes des freres d'Angleterre, vers lesquels il alloit, les- 
quels comrae on a veu icy volontiers et aimez, quand ils y estoient 
aultrefois retirez, aussi desirons nous ceste saincte amitie estre bien en- 
tretenue et que de nostre part nous serous tousjours tres joyeux de leur 
faire service. 

" M. Carturit de sa part a remercie fort expressement les freres de 
l'honneur qu'il avait receu particulierement d'eux, outre l'humanite et 
bon accueil qu'il avoit receu generalement en ceste cite, et s'est offert a 
ceste Eglise en tout ce qu'il pourroit, a laquelle il se sent a jamais 
oblige. 

" Les freres l'ont prie et ses compagnons Anglois qui estoyent en 
ceste ville de souper avec eux mardy prochain au Banquet rectoral chez 
M. Ch. Perrot." (Register of the Company, January, 1572.) 

" Thomas Carturit, anglois, docteur en theologie, s'estant retire icy 
des quelques temps, pource qu'il estoyt mal voulu en Angleterre pour 
avoir publiquement en des lecons soustenu la discipline ecclesiastique 
comme elle est icy pratiquee, a comparu et a remercie Messieurs de 

1 Thomas Van Til was at this time pastor of the Flemish community at Geneva. 



286 Documents 

l'honneur qu'ilz luy ont fait de l'avoir retenu en ceste ville, ou il a en- 
cores ete honore de la charge de lire en theologie avec mons' de Beze a 
son tour, ou, par le raport de la Compagnie des ministres, tesmoigne par 
ledit M. de Beze qui a porte la parolle pour luy qui ne parle pas bon 
Francois, il s'est porte fidellement et doctement. Et, veu qu'il est rapele 
pour retourner en Angleterre, il n'a pas voulu partir sans remercier Mes- 
sieurs et leur offrir service, supliant au reste luy donner permission 
d'assister une fois au consistoire affin de voir l'ordre qu'on y tient, pour 
en faire le raport par dela. Sur quoy a este arreste de le remercier de 
l'lionneur qu'il a fait a ceste eschole et luy offrir recompense de sa lec- 
ture, luy accordant au reste la requeste qu'il a fait et semblablement aussi 
au sieur Van Til qui en a fait une de mesme, veu que ce qu'ils en font 
tend a bonne fin et qu'il ne procede pas de curiosite." (Register of the 
Council, January 29, 1572.) 

" Le jeudy dernier [31 Janvier], M. Carturit assista en consistoire." 
(Register of the Company, January 1572.) 

Another great name of the Protestant Reformation, that of 
Andrew Melville, has undergone in the same original documents a 
similar metamorphosis, which has until now baffled such attempts 
as have been made to find in the state records of Geneva some trace 
of the future organizer of the Presbyterian Church of Scotland. 
He signed himself, at that time, in Latin: Melvinus. He was called 
in countries where the French language was used : Melvin. Having 
studied at St. Andrews and at Paris, he then taught for three years 
at the college of Saint-Marceau, at Poitiers, and left that city in 1569 
when Coligny raised the siege. His destination was Geneva. In 
the autobiography of James Melville, the nephew of the Scotch re- 
former, one finds the following account, which the author wrote out 
from the personal recollections of his uncle i 1 

"The seage of the town being rasit, he left Poicteors, and accom- 
panied with a Frenche man, hetuk jorney to Genev, leaving buikis and all 
ther, and caried na thing with him bot a litle Hebrew Byble in his belt. 
So he cam to Genev all upon his fut, as he haid done befor from Deipe to 
Paris, and from that to Poicteors ; for he was small and light of body, 
but full of sprites, vigourusand cowragius. His companiones of the way, 
when they cam to the ine, 2 wald ly down lyk tyred tyks, 3 bot he wald out 
and sight 1 the townes and vilages withersoever they cam. The ports of 
Genev wer tentilie keipit, because of the troubles of France, and multitud 
of strangers that cam. Being thairfor inquyrit what they war, the 
Franche man his companion answerit, " We are pure scollars." Bot 
Mr Andro, perceaving that they haid na will of pure folks, being al- 
readie owerlaid thairwith, said, "No, no, we are nocht puir. We haiff 

1 The Autobiography and Diary of Mr. Janus Melville, Minister of Kilrenny, in 
Fife, and Professor of Theology in the University of St. Andrews, edited, for the Wod- 
row Society, by Robert Pitcairn, Edinburgh, 1S42, pp. 41 et seqq. 

2 Inn. 

3 Dogs, hounds. 

4 Inspect, examine. 

5 Poor. 



Cartwright and Melville at Geneva 2 ,87 

alsmikle as will pey for all we tak, sa lang as we tarie. We haiff letters 
from his acquentance to Monsieur di Beza ; let us deliver those, we crave 
na fordar. " And sa, being convoyit to Beza, and then to thair ludging, 
Beza, perceaving him a schollar, and theyhaiffing neid of a Professour of 
Humanitie in the Collage, put him within a twa or thrie days to tryell in 
Virgill and Homer ; quhilk he could acquait so weill, that but farder 1 he 
is placed in that roum of profession ; and at his first entrie, a quarter's 
fie peyit him in hand." 

The title of professor of humanity, employed above, led Mel- 
ville's biographer, Dr. Thomas McCrie, to suppose that Melville 
had been a professor in the Academy (Scl/ola Publico) of Geneva.- 
The records of the Council show that he was, in reality, regent of 
the second class at the College {Schola Privatd), and that he filled 
the position during five years. He was nominated to the College 
on November 10, 1569, together with Hugues Roy, "pour servir 
en la cinquieme, le dit Roy, et pour la seconde le dit Melvin, 
gens bien propres a telle charge. Iceux ont ete aprouves et 
ont fait le serment." (Register of the Council ad die///. ) Not 
contented with fulfilling the duties imposed upon him by his 
position, he took advantage of this opportunity to continue 
his studies, and, by the special favor of the scholastic authorities, 
he was able to follow not only the theological courses of Beza, 
but also the Greek and Hebrew courses given by the public lec- 
turers, thus associating himself with Franciscus Portus and Ber- 
tramus. Scrimger, late professor of philosophy, was connected with 
him by nlarriage. At Paris he had been the pupil of the royal 
lecturers, Jean Mercier, Turnebus, Ramus, and as such had lib- 
erty of speech concerning advanced instruction in the ancient 
languages. Plis nephew tells us that he would readily quarrel 
with Portus over his method of pronouncing by accents, after 
the Greek manner, maintaining with the obstinacy of a follower of 
Ramus that Portus was in the wrong. The Cretan would cry out, 
losing all patience : " Is it you then, Scots, barbarians, who shall 
teach us to pronounce our own tongue ? " 

" In Genev he abead fyve years ; during the quhilk tyme his cheiff 
studie was Divinitie, wheranent he hard Beza his daylie lessons and 
preatchings ; Cornelius Bonaventura, Professour of the Hebrew, Caldaik 
and Syriac langages ; Portus, a Greik born, Professour of the Greik 
toung, with whom he wald reassone about the right pronuntiation thairof ; 
for the Greik pronuncit it efter the comoun form, keiping the accents ; 
the quhilk Mr Andro controllit be precepts and reasone, till the Greik 
wald grow angrie, and cry out : ' Vos Scoti, vos barbari ! docebitis nos 
Graecos pronunciationem linguae nostrae, scilicet?' " {Autobiography, 
p. 42.) 

1 Without further ado or examination. 

''■Life of Andrew Melville, second ed. , p. 32. 



288 Documents 

When Ramus, who lectured at Geneva during the spring of 
1570, was about to return to France, he paused at Lausanne, and 
gave a month's course, in which he had the opportunity, denied him 
in Beza's school, to expound without restraint his famous dialectic. 
Among the disciples who had followed him to Lausanne, in July, 
should be mentioned Andrew Melville and his fellow-countryman 
Gilbert Moncriff, who became physician to James VI. In Septem- 
ber the two Scots returned to Geneva. We read in the records of 
the Council of Lausanne : " Le 5 septembre 1570 Andre Melvin et 
Gilbert Mengrifz, escolliers escossois, prennent conge." 1 Moncriff 
wrote his name in the rector's book of the Genevan academy, at the 
commencement of 1567: " Gilbertus Moncreif Scotus." 

Melville left Geneva, to return to Scotland, in the spring of 1 574 ; 
his place as regent of the second class was taken by Emilius Portus, 
son of the professor of Greek. 

1 avril 1574. " Andre Melvin. Einile Partus. Mons r de Beze a pro- 
pose que ledit Melvin, desirant se retirer en son pays, leur a demande 
conge, et qu'en son lieu ils ont esleu ledit Portus, fils de M. Portus, pour 
faire la charge de la seconde classe. Attendu quoi il a este receu et a 
preste le serment. ' ' 

5 avril. " Andre Melvin s'est presente icy priant Mess" avoir a gre le 
service qu'il a faict a la Seigneurie estant regent a l'escole. Arreste qu'on 
lui reponde qu'on se contente de son service, luy donnant gracieux 
conge." (Register of the Council, ad annum. .) 

When Melville left Geneva, in company with Alexander Camp- 
bell, Bishop of Brechin, and his tutor, Andrew Polwart, in April 
1574, he carried as testimonial a letter to the churches of Scotland, 
written by Beza in his capacity of Moderator of the Company of 
Pastors and Professors, and to which Jean Pinaud, Rector of the 
School, added a few lines. A duplicate of this document, which is 
mentioned in James Melville's Diary, still exists among the ecclesias- 
tical correspondence deposited in the Bibliotheque Publique of 
Geneva. It read as follows : 

Testimonium quod datum est Andrea: Melvino in patriam suam Seotiam 

redeunti. 

" Gratiam et pacem a Domino." 

" Quam studiose nobis veterem illam conjunctionem retinendam 
arbitremur, fratres ac symmistae plurimum observandi, vel ex eo existi- 
mate quod Andrea? Melvino ad suos, id est ad vos, redeundi potestatem 
fecerimus. Erat enim ille totus optimo jure noster et quandiu apud nos 
vixit (vixit autem quinquiennium) ea pietate fide ac diligentia munus in 
privata hujus civitatis schola sibi commissum administravit ut quo nobis 
utilior fuit presentis opera eo majorem ex ipsius profectione jacturam 

1 Communication from M. le professeur Bernus. 



Cartwright and Melville at Geneva 289 

fecisse videamur. Sed nos ipsos nobis potius negligendos putavimus 
quamu t vestri rationem non satis habuisse videamur. Absit enim ut quod 
vobis confertur nobis periisse existimemur et a nostris commodis vestra 
sejungamus. Nam certe vos haec Ecclesia nonmodo pro fratribus agnos- 
cit verum etiam quasi mater filiosamplectitur, memor videlicet magnorum 
illorum virorum, D. Cnoxi et D. Gudmani, quos sibi merito carissimos 
tantisper fovit in sinu, dum ad vos redirent magnum illud opus Domini 
feliciter, ut exitus ostendit, extructuri. Ad haec etiam accedit commune 
confessionis Helveticae Vinculum, ut nisi vos perinde ac nos ipsos omnia 
pene divina et humana jura violasse existimari possimus. Itaque fratres 
sanctam istam inter nos, usque adeo felicibus auspiciis, coeptam conjunc- 
tionem omni ofnciorum genere foveamus, et quorum corpora tantis terra - 
rum ac maris spatiis dirimuntur eorum animos ille Domini nostri Jesu 
Christi spiritus idem in ipso sentientes, docentes, agentes, magis ac 
magis devinciat. Nos quidem, favente Dei misericordia, nullum in nobis 
fraternum officium desiderari patiemur, nee vos alio vicissim in nos animo 
futuros plane confidimus. 

" Caeterum, quod ad res nostras attinet, quam clementer nobiscum 
Dominus totis 7 annis egerit, quum nos flagello pestis erudiret, quam 
benigne inflictas nobis plagas pene jam persanarit, quam admirabiliter 
idem ille rursum apud nos hospitium miseris exulibus ac naufragis fratri- 
bus aperuerit, caeteraque ejusmodi plenissime ex iis nostris fratribus cog- 
noscetis. Ex D. Cnoxi morte maximum Sicuti par est dolorem cepimus ; 
est enim certe bonorum mors semper nobis immatura in tanta illorum 
penuria. Illud tamen justissimum nostrum maerorem multum lenit quod 
Ecclesias optime institutas atque etiam, ut audimus, multo quam unquam 
antea pacatiores vobis et pietate et doctrina instructissimis, reliquit. Sic 
futurum omnino speramus, Dei optimi maximi benignitate freti, utquam- 
vis strenuus ille ipydrr^ ac etiam £pyod[<br 1 rr}<s jam quiescat labore suo feli- 
citer defunctus, tamenque neque summus ille etunicus vere a/^ir/rwi- opus 
suum deseruerit, neque vos illi praecipienti et hortanti defuturi sitis, 
quod isti adeo feliciter repugnantibus tarn multis hostibus coeptum ac 
promotum est quam felicissime perficiatur. Ita faxit Dominus Deus nos- 
ter, fratres ac symmistae plurimum observandi, quem totis animis preca- 
mur ut suorum misertus Satanae rabiem compescat Vestrisque Sanctis 
laboribus benedicat. Bene valete et nos vicissim pergite complecti. 
" Genevae, XII Aprilis 1574. 

" Theodorus Beza vester 

conservus, suo totiusque Collegii 

nomine." 
" Quamvis nostro omnium nomine deservandissimus noster frater D. 
Theodorus Beza nostram benevolentiam et curn vestris Ecclesiis conjunc- 
tionem tam vere et tarn sincere testatus sit ut nihil addi debeat, tamen 
veluti h. -apwu<sia<i usus est hoc addere, nihil gratius nobis posse accidere 
quam vestras Ecclesias in dies confirmari audiamus et mutuam nostram 
amicitiam, quam et vos non minus cupere arbitramur, augescere. 

" Superius D. Andrea Melvino testimonium verissimum esse confirm - 
amus, prolixiori commendatione usuri, nisi fore speraremus ut viri mo- 
destia, eruditio et pietas ilium abunde satis commendarent, ac vestris 
Ecclesiis quod imprimis optandus plurimum commendarent. Valete ob- 
servandissimi fratres et in Domino colendissimi. 
" Genevae, XII Apr. 1574. 

"Jo. Pinaldus, pastor in Ecclesia genevensi 

et Scholae Rector." 



290 Documents 

A few days before the above testimonial was delivered to him 
in the name of the Church and School, Andrew Melville had taken 
his leave of the Council of State. The fact is recorded in the fol- 
lowing entry : 

"Andre Melvin s'est presente icy, priant Messieurs avoir a gre le 
service qu'il a faict a la Seigneurie, estant regent a l'escole. Arreste 
qu'on luy reponde qu'on se contente de son service, luy donnant gra- 
cieux conge." (Register of the Council, April 5, 1574.) 

Melville's garden in the college precincts was inherited by a refu- 
gee of St. Bartholomew, who had become Professor of Arts in the 
Academy, and whom he had also the rare opportunity of hearing 
in the only courses of public lectures which the celebrated scholar 
ever gave in his long life. This was Joseph Scaliger. Under the 
date of March 16, 1 574, the Secretary of the Council entered : 

"Joseph Scaliger. Estant propose qu'il desireroit avoir ung jardin, 
arreste qu'on luy bailie celuy de M r Melvin, qui s'en va en France, com- 
ment on dit." 

According to James Melville, his uncle left for Lyons, Orleans 
and Paris. He sailed from Dieppe for England. From London 
he took his journey by Berwick to Edinburgh, where he arrived in 
the beginning of July. 



2. Journal of Philip Fithian, kept at Nomini Hall, Virginia, 

ms-ny-i- 

The following pages contain selections from the journal kept by 
Philip Vickers Fithian, while tutor in the family of Councillor Car- 
ter of Nomini Hall, Westmoreland County, Virginia. Philip Fithian 
was born in Greenwich, New Jersey, December 29, 1747. After 
three years of schooling under the Rev. Enoch Green of Deerfield, 
N. ]., he entered Princeton College, November 30, 1770, being ad- 
mitted to the Junior Class, and graduating in September, 1772, in 
the same class with Aaron Burr. The year following was spent in 
the study of theology, under his old friend and teacher Dr. Green 
of Deerfield, his ambition being admittance to the Presbyterian 
clergy. It was in the fall of 1773 that he received a letter from Dr. 
Witherspoon, offering him a situation in the family of Robert Carter 
of Virginia, stating that he had recommended him to his old friend 
as a tutor, and advising him to accept, if only temporarily. Though 
warned against the danger he incurred, both moral and physical, by 
venturing into such a sea of temptation, as many prejudiced people 
then regarded the South, he decided to accept ; and thus it was he 
came to Nomini Hall. It is pleasing to note how agreeable was 



Journal of Philip Fit hi an 29 r 

the surprise when instead of the anticipated revelry and vice, he 
found only culture and refinement ; an elegance of living and a 
courtliness of manner, perhaps equalled by few in the colonies. 
Robert Carter, called the Councillor, was a grandson of the famous 
"King" Carter of Corotoman, noted for his immense wealth and 
boundless possessions. The Councillor was a man of great culture 
and refinement, with a taste for retirement and study. He loved 
rather a quiet life with his family upon his estate at Nomini Hall,, 
than the gayeties of the governor's court at Williamsburg. He was 
a member of the King's council which sat at Williamsburg ; it was 
probably this position, which he held at the time of the war, that 
led him to discountenance all dissensions with that King, whom he 
in a sense represented, and caused him to take no part in the strug- 
gle for independence. Toward the close of his life he became in 
reality a recluse, seldom leaving his place, or visiting his neighbors, 
so that little is known of his last years, save that they were devoted 
to religion, the form of which he changed many times. 

Of Nomini Hall and its surrounding buildings nothing now re- 
mains, it having been destroyed by fire in 1850. The beautiful 
avenue of grand old poplars is still the pride of the place and sur- 
vives all the many changes of time. The ruins of the mill and dam 
are still to be seen, though the upper channel is filled with mud and 
is long since closed to navigation. 

Philip Fithian, after leaving Councillor Carter's, entered the min- 
istry, 1 and soon after the outbreak of hostilities enlisted as chaplain 
in a New Jersey regiment, and served during the campaign on Long 
Island and New York. He was taken sick and died at Fort Wash- 
ington, of a camp epidemic, just before the capture of that place by 
the British." In conclusion the editor of these pages wishes to say 
that it is through the courtesy and kindness of the present owner of 
these manuscripts, a member of the Fithian family, that he has 
been enabled to place them before the public, for which he is most 
sincerely thankful. 3 

John Rogers Williams. 



1 He is said to have been a member of the "New Jersey Tea Party," at Greenwich,, 
December 22, 1774. See New Jersey Archives,^. 532. 

2 Heitman, Historical Register, s. v., says that he was " killed on the retreat from 
New York, September 15, 1776," which was the day of the action at Kip's Bay. 

3 The journal now preserved is not, in this portion, the original manuscript, but a 
copy made by the writer's nephew, Rev. Enoch Fithian, apparently about 1 820. The 
footnotes appended to the printed text are partly by Mr. J. R. Williams, of Princeton 
University, partly by the editor. The dates have been expanded in form, and have been 
given a different place from that which they occupy in the manuscript ; otherwise the lat- 
ter has been literally followed. — Ed. 



292 Documents 

1773, Saturday, October 23. l Expence at Baltimore 15/3. Rode 
and forded Petapsko to a small Tavern 15 Miles. Expence i/ir. Rode 
thence to Blandensburg [Bladensburg] 23 Miles. Whole Distance 38 
Miles. Whole Expence 17/2. 

Sunday, October 24. Expence at Blandensburg 5/7. Rode thence 
to George-town 8 Miles. Expence 1/6. Ferriage /6. From thence 
we rode by Alexandria, 9 Miles. Thence to Colchester iS Miles. 
Dined. Expence 3/9. Ferriage /6. Rode thence to Dumfries 10 
Miles. Whole distance 45 Miles. Whole Expence 11/4. 

Monday, October 23. Expence at Dumfries 4/5. Rode thence to 
Aquia 10 Miles. Expence 2/4. Rode thence to Stafford-Court-House 
12 Miles. Whole Distance 22 Miles. Whole Expence 6/6. 

Tuesday, October 26. Expence at Stafford 5/. Stopped at Colonel 
Thomas Lee's, 2 only a few Rods from Stafford Tavern. Continued there 
all day, and the following Night. Expence to Day 5/. 

Wednesday, October 2/. Expence to boy 1/. Rode from Mr. Lees 
to a small poor Ordinary 13 Miles. Expence /8 for Oats. Rode thence, 
without feeding to Captain Cheltons, on the Potowmack 32 Miles. Whole 
Distance 45 Miles. Whole Expence 1/8. 

Thursday, October 28. Rode after Breakfast to the Honorable Rob : 
Carters the End of my Journey ; 12 Miles, by two o-Clock in the After- 
noon. Both Myself, and my Horse seem neither Tired nor Dispirited. 
Occasional Expences on the Road. In Baltimore for some Buff Ball 1/6. 
In Blandensburg for having straps put to my Saddle-Bags 3/. In Col- 
chester for Shaving and Dressing 1/3. The whole 5/9. So that my 
whole Distance appears to be 260 Miles, performed in seven days. And 
my whole expence appears to be £ S D 

3 . . 6 . . 6. 

Friday, October 2g. Settled myself in the Room appointed me, and 
adjusted my affairs after my Ride. 

Saturday, October 30. Rode with Mr. Carters eldest Son to a Store, 
about seven Miles. Bought half a Box of AVafers for 1/. And a quire 
of paper for 1/6. Dined at three. And rode into Richmond Parish 15 
Miles to Mr. Fantleroys. Was introduced to Mr. Fantleroy, two of his 
Sons, Mr. Christian a dancing-Master. 

Sunday, October 31. Rode to Church six Miles. Heard Mr. Gib- 
bern 3 preach on Felixes trembling at Pauls Sermon. 

Monday, November 1 . We began School. The School consists of 
eight. Two of Mr. Carters Sons, One Nephew, And five Daughters. 
The eldest Son is reading Salust : Gramatical Exercises, and latin 

1 Fithian had left his home, in southern New Jersey, on October 19. 

2 This Col. Thomas (Ludwell) Lee was the second surviving son of President 
Thomas Lee and was a brother of Philip Ludwell and Richard Henry. He was promi- 
nent in the political movements of the times. 

3 Rev. Isaac William Giberne, rector of Lunenburg Parish from 1762, for perhaps 
twenty years. He was an Englishman (said to have been a nephew of the Bishop of 
Durham), a man of much wit and talent, and noted for his convivial habits. 



Journal of Philip Fit hi an 293 

Grammer. The second Son is reading english Grammar Reading Eng- 
lish : Writing, and Cyphering in Subtraction. The Nephew is Reading 
and Writing as above ; and Cyphering in Reduction. The eldest 
daughter is Reading the Spectator ; Writing ; and beginning to Cypher. 
The second is reading next out of the Spelling-Book, and beginning to 
write. The next is reading in the Spelling-Book. The fourth is Spell- 
ing in the beginning of the Spelling-Book. And the last is beginning 
her letters. 

Sunday, November 7. Rode to Ucomico Church, 1 8 Miles. Heard 
Parson Smith. He shewed to us the uncertainty of Riches, and their Insuf- 
ficiency to make us happy. Dined at Captain Walkers ; With Parson 
Smith ; his Wife ; her Sister, a young lady ; &c. Returned in the 
Evening. 

Friday, November 12. Ben begun his Greek Grammer. Three in 
the afternoon Mr. Carter returned from Williamsburg. He seems to be 
agreeable, discreet, and sensible. He informed me more particularly 
concerning his desire as to the Instruction of his Children. 

Saturday, November 20. Rode to Mr. Fishers dined with Mr. Cun- 
ningham at 3 o-Clock. Rode in the evening to Mr. Lancelot Lees, 2 a 
young Gentleman, who has lately come from England; sup'd on Oysters. 
Rode home about nine o-Clock he along. 

Thursday, November 25. Rode this morning to Richmond Court- 
house, where two Horses run for a purse of 500 Pounds : besides small 
Betts almost enumerable. One of the Horses belonged to Colonel John 
Tayloe, 3 and is called Yorick. The other to Dr. Flood, and is called 
Gift. The Assembly was remarkably numerous ; beyond my expectation 
and exceeding polite in general. The Horses started precisely at five 
minutes after three ; the Course was one Mile in Circumference, they per- 
formed the first Round in two minutes, third in two minutes and a half. 
Yorick came out the fifth time round about 40 Rod before Gift they were 
both, when the Riders dismounted very lame ; they run five Miles, and 
Carried 180 lb. Rode home in the Evening. Expence to the Boy /7j^. 

Saturday, November 27. Robin and Nancy yet at Dancing-School. 
Mr. Harry Fantleroy called after dinner to see us. In the Evening Ben 
and I rode with him to his fathers ; I was introduced to one Mr. Walker 
a Scotch Gentleman, lately a School-master but has quit, and is going in 
the Spring for the Gown to England. 

Sunday, November 28. Rode to Church — the Parson was absent ; it 

•This interesting old church still stands, having survived the changes and vicissitudes 
of two centuries It is one of the oldest homes of the Church of England in Virginia, 
having been built in 1706 ; it is now in good repair and is still regularly used as a place 
of worship by those of the Episcopal faith. It is said that the original silver communion 
service was given by Queen Anne. For a full account of Yeocomico Church see Bishop 
Meade's Old Churches of Virginia, II. 148-157. The minister of Cople Parish at this 
time was Rev. Thomas Smith. 

2 Son of George Lee of Mt. Pleasant in Westmoreland County. See the latter's will 
in Lee of Virginia, 141-144. 

3 Of Mt. Airy in Richmond County, a member of the Council. 



294 Documents 

is indeed a little cold ! The Clerk read prayers for us. We rode home. 
Found at Home two young Ladies, Miss Corbin and Miss Turburville and 
Mr. George Lee, 1 brother to the Gentleman here last Sunday, and has 
lately returned from England. I was introduced by Mr. Carter to the 
two latter. 

Sunday, December 12. Rode to Nominy-Church, parson Smith 
preached 15 minutes. Advertisement at the Church door dated Sunday 
Decern!' 12th. Pork to be sold to-morrow at 20/. per Hundred, dined 
with us to day Captain Walker, Colonel Rich d Lee, 2 and Mr. Lancelot 
Lee. Sat after dinner till Sunset, drank three Bottles of Medaira, 
two Bowls of Toddy ! 

Monday, December ij. Mr. Carter is preparing for a Voyage in his 
Schooner, the Hariot, to the Eastern Shore in Maryland, for Oysters ; 
there are of the party, Mr. Carter, Captain Walker Colonel Rich i Lee 
and Mr. Lancelot Lee. With Sailors to work the vessel. I observe it is 
a general custom on Sundays here, with Gentlemen to invite one another 
home to dine, after Church ; and to consult about, determine their com- 
mon business, either before or after Service. It is not the custom for 
Gentlemen to go into Church til Service is beginning, when they enter 
in a Body, in the same manner as they come out ; I have known the 
Clerk to come out and call them in to prayers. They stay also after the 
Service is over, usually as long, sometimes longer, than the Parson was 
preaching. Almost every Lady wears a red Cloak ; and when they ride 
out they tye a red handkerchief over their Head and face, so that when I 
first came into Virginia, I was distressed whenever I saw a Lady, for I 
thought she had the Tooth-Ach ! The People are extremely hospitable, 
and very polite both of which are most certainly universal Characteristics 
of the Gentlemen in Virginia, some swear bitterly, but the practise seems 
to be generally disapproved. I have heard that this Country is notorious 
for Gaming, however this be, I have not seen a Pack of Cards, nor a Die, 
since I left home, nor gaming nor Betting of any kind except at the 
Richmond-Race. Almost every Gentleman of Condition, keeps a Chariot 
and Four ; many drive with six Horses. I observe that all the Merchants 
and shopkeepers in the Sphere of my acquaintance and I am told it is the 
Case through the Province, are young Scotch-Men ; several of whom I 
know, as Cunningham, Jennings, Hamilton, Blain; and it has been the 
custom heretofore to have all their Tutors, and Schoolmasters from Scot- 
land, tho' they begin to be willing to employ their own Countrymen. 
Evening Ben Carter 3 and myself had a long dispute on the practice of 
fighting. He thinks it best for two persons who have any dispute to go 
out in good-humour and fight manfully, and says they will be sooner and 
longer friencjs than to brood and harbour malice. Mr. Carter is practising 
this evening on the Guittar He begins with the Trumpet Minuet. He 

1 George Fairfax Lee, of Mt. Pleasant. A letter of his, written from Christ's Col- 
lege, Cambridge, in November, 1772, is in Lee of Virginia, p. 302. 

2 Richard Henry Lee, the famous orator and statesman. 

3 The eldest son of Councillor Carter. 



Journal of Philip Fit hi an 295 

has a good Ear for Music : a vastly delicate Taste : and keeps good In- 
struments, he has here at Home a Harpsichord, Forte-Piano, Harmonica, 
Guittar, Violin, and German Flutes, and at Williamsburg, has a good 
Organ, lie himself also is indefatigable in the Practice. 

Tuesday, December 14. Busy in School. The Weather vastly fine ! 
There has been no Rain of consequence, nor any stormy or disagreeable 
Weather, since about the 10th of last Month ! From the Window, by 
which I write, I have a broad, a diversified, and an exceedingly beautiful 
Prospect of the high craggy Banks of the River Nominy ! Some of those 
huge Hills are covered thick with Cedar, and Pine Shrubs ; a vast quan- 
tity of which seems to be in almost every part of this Province. Others 
are naked, and when the Sun Shines look beautiful ! At the Distance of 
about 5 Miles is the River Potowmack over which I can see the smoky 
Woods of Maryland ; at this window I often stand, and cast my Eyes 
homeward with peculiar pleasure ! Between my window and the potow- 
mack, is Nominy Church, it stands close on the Bank of the River Nominy, 
in a pleasant agreeable place. Mr. Carters family go down often, so 
many as can with convenience in a Boat rowed by four Men, and gener- 
ally arrive as soon as those who ride. 

The mouth of Nominy River where it falls into Potowmack is about 
25 miles above the mouth of Potowmack or where it falls into the 
Chessopeak-Bay. And about 1 2 Miles below the mouth of Nominy 
the River Ucomico puts up into the country, near which River, and 
about three miles from the mouth stands the lower parish Church of 
Westmorland-County call'd Ucomico Church. The River Potowmack 
opposite to us the People say is 10 miles over, but I think it is not more 
than 8. Afternoon Captain Grigg, who arrived last Sunday morning 
into the River Ucomico from London visited Mr. Carter. Evening 
reading Picteete. 1 

Wednesday, December 73. Busy in School. To day Dined with 
us Mrs. Turburville, and her daughter Miss Letty Miss Jenny Corbin, 2 
and Mr. Blain. We dined at three. The manner here is different from 
our way of living in Cohansie. In the morning so soon as it is light a 
Boy knocks at my Door to make a fire ; after the Fire is kindled, I rise 
which now in the winter is commonly by Seven, or a little after. By the 
time I am drest the Children commonly enter the School-Room, which 
is under the Room I sleep in ; I hear them round one lesson, when the 
Bell rings for eight o-Clock (for Mr. Carter has a large good Bell of up- 
wards of 60 Lb. which may be heard some miles, and this is always rung 
at meal Times ;) the Children then go out ; and at half after eight the 
Bell rings for Breakfast, we then repair to the Dining-Room ; after 
Breakfast, which is generally about half after nine, we go into School, 

1 Benedict Pictet, Tlieologia Christiana, 1696. 

2 Mrs. John Turberville of Hickory Hill, Westmoreland County; her daughter Let- 
tice Corbin Turberville, at this time a child, afterward the mother of Major-General 
Roger Jones, U. S. A., and of Commodore Thomas ap Catesby Jones ; and her sister 
Jane Corbin. 

vol. v. — 20 



296 Documents 

and sit til twelve, when the Bell rings, and they go out for noon ; the 
dinner-Bell rings commonly about half after two, often at three, but 
never before two. After dinner is over, which in common, when we 
have no Company, is about half after three we go into School, and sit 
til the Bell rings at five, when they separate til the next morning ; I 
have to myself in the Evening, a neat Chamber, a large Fire, Books, and 
Candle and my Liberty, either to continue in the School room, in my 
own Room, or to sit over at the great House with Mr. and Mrs. Carter. 
We go into Supper commonly about half after eight or at nine and I 
usually go to Bed between ten and Eleven. Altho the family in which I 
live, is certainly under as good political Regulations, and every way as suit- 
able and agreeable as I can expect, or even could desire ; and though 
the Neighbourhood is polite, and the Country pleasant, yet I cannot help 
reflecting on my situation last winter, which was near the lovely Laura 1 
for whom I cannot but have the truest, and the warmest Esteem ! Pos- 
sibly, If Heaven shall preserve my life, in some future time, I may again 
enjoy her good society. 

Mr. Carter heard this Evening that Captain Walker cannot go to 
Maryland, he is thus stop'd. 

Thursday, December 16. I had the pleasure of walking to day at 
twelve o-Clock with Mrs. Carter ; She shewed me her stock of Fowls 
and Mutton for the winter ; She observed, with great truth, that to live 
in the Country, and take no pleasure at all in Groves, Fields, or 
Meadows; nor in Cattle, Horses, and domestic Poultry, would be a 
manner of life too tedious to endure ; Dined at three. 

Saturday, December 18. After Breakfast, we all retired into the 
Dancing Room, and after the Scholars had their Lesson singly round 
Mr. Christian, very politely, requested me to step a Minuet; I excused 
myself, however, but signified my peculiar pleasure in the accuracy of 
their performance. There were several Minuets danced with great ease 
and propriety ; after which the whole company joined in country-dances, 
and it was indeed beautiful to admiration, to see such a number of young 
persons, set off by dress to the best advantage, moving easily, to the 
sound of well performed Music, and with perfect regularity, tho' appar- 
ently in the utmost Disorder. The Dance continued til two, we dined 
at half after three, soon after Dinner we repaired to the Dancing-Room 
again ; I observe in the course of the lessons, that Mr. Christian is 
punctual, and rigid in his discipline, so strict indeed that he struck two 
of the young Misses for a fault in the course of their performance, even 
in the presence of the Mother of one of them ! And he rebuked one of 
the young Fellows so highly as to tell him he must alter his manner, which 
he had observed through the Course of the Dance, to be insolent, and 
wanton, or absent himself from the School. I thought this a sharp 
reproof to a young Gentleman of seventeen, before a large number of 
Ladies ! When it grew too dark to dance, the young Gentlemen walked 

1 A reference to Miss Elizabeth Beatty of New Tersey, who married Philip Fithian 
in 1775, ail <l to whom he always refers as the " Lovely Laura." 



Journal of Philip Fithian 297 

over to my Room, we conversed til half after six ; Nothing is now to be 
heard of in conversation, but the Balls, the Fox-hunts, the font entertain- 
ments, and the good fellowship, which are to be f exhibited at the approach- 
ing Christmas. I almost think myself happy that my Horses lameness 
will be a sufficient Excuse for my keeping at home on these Holidays. 
Mr Goodlet was barred out of his School last Monday by his Scholars, 
for Christmas Holidays, which are to continue til twelfth-day ; But 
my Scholars 'are of a more quiet nature, and have consented to have four 
or five Days now, and to have their full Holiday in May next, when I 
propose by the permission of Providence to go Home, where I hope to 
see the good and benevolent Laura. 

When the candles were lighted, we all repaired, for the last time, into 
the dancing-Room ; first each couple danced a Minuet ; then all joined 
as before in the country Dances, these continued till half after Seven when 
Mr. Christian retired ; and at the proposal of several, (with Mr. Carters 
approbation) we played Button, to get Pauns for Redemption ; here 
I could join with them, and indeed it was carried on with sprightliness, 
and Decency ; in the course of redeeming my Pauns I had several Kisses 
of the Ladies! Early in the Evening came colonel Philip Lee, 1 in a 
travelling Chariot from Williamsburg. Half after eight we were rung in 
to Supper ; The room looked luminous and splendid ; four very large 
candles burning on the table where we supped ; three others in different 
parts of the Room ; a gay, sociable Assembly, and four well instructed 
waiters ! So soon as we rose from supper, the Company formed into a 
semicircle round the fire, and Mr. Lee, by the voice of the Company was 
chosen Pope, and Mr. Carter, Mr. Christian, Mrs. Carter, Mrs. Lee, and 
the rest of the company were appointed Friars, in the Play call'd " break 
the Popes neck." Here we had great Diversion in the respective Judg- 
ments upon offenders, but we were all dismissed by ten, and retired to 
our several Rooms. 

Thursday, December 2j. This Evening, after I had dismissed the 
Children, and was sitting in the School-Room cracking Nuts, none pres- 
ent but Mr. Carters Clerk, a civil, inoffensive, agreeable young Man, who 
acts both in the character of a Clerk and Steward, when the Woman who 
makes my Bed, asked me for the key of my Room, and on seeing the 
young Man sitting with me, she told him that her Mistress had this after- 
noon given orders that their Allowance of Meat should be given out to 
them to-morrow. She left us ; I then asked the young man what their 
allowance is? He told me that excepting some favorites about the table, 
their weekly allowance is a peck of Corn, and a pound of Meat a Head ! 
And Mr. Carter is allowed by all, and from what I have already seen of 
others, I make no Doubt at all but he is, by far the most humane to his 
Slaves of any in these parts ! Good God ! are these Christians? When 

1 Philip Ludwell Lee ( 1727-1775) eldest son of President Lee, was a fellow-member 
with Robert Carter in the governor's council and took an active part in the commence- 
ment of the struggle for independence. He resided at Stratford and maintained the 
generous hospitality of his father. 



2gS Documents 

I am on the Subject, I will relate further, what I heard Mr. George Lees- 
Overseer, one Morgan, say the other day that he himself had often done 
to Negroes, and found it useful ; He said that whipping of any kind does 
them no good, for they will laugh at your greatest Severity ; But he told 
us he had invented two things, and by several experiments had 
proved their success. For Sulleness, Obstinacy, or Idleness, says he, 
Take a Negroe, strip him, tie him fast to a post ; take then a sharp Curry- 
Comb, and curry him severely til he is well scraped ; and call a Boy with 
some dry Hay, and make the Boy rub him down for several Minutes, 
then salt him, and unlose him. He will attend to his Business (said 
the inhuman Infidel) afterwards ! But savage Cruelty does not exceed 
His next diabolical Invention. To get a Secret from a Negro, says he, 
take the following Method — Lay upon your Floor a large thick plank, 
having a peg about eighteen Inches long, of hard wood, and very Sharp, 
on the upper end, fixed fast in the plank — then strip the Negro, tie the 
Cord to a staple in the Ceiling, so as that his foot may just rest on the 
sharpened Peg, then turn him briskly round, and you would laugh (said 
our informer) at the Dexterity of the Negro, while he was relieving his 
Feet on the sharpened Peg 1 I need say nothing of these seeing there is 
a righteous God, who will take vengeance on such Inventions ! 

Saturday, December 25. I was waked this morning by Guns fired all 
round the House. The morning is stormy, the wind at South East 
rains hard Nelson the Boy who makes my Fire, blacks my shoes, does 
errands &c. was early in my Room, drest only in his shirt and Breeches ! 
He made me a vast fire, blacked my Shoes, set my Room in order, and 
wished me a joyful Christmas, for which I gave him half a Bit. Soon 
after he left the Room, and before I was Drest, the Fellow who makes 
the Fire in our School Room, drest very neatly in green, but almost 
drunk, entered my chamber with three or four profound Bows, and made 
me the same salutation ; I gave him a Bit, and dismissed him as soon as 
possible. Soon after my Cloths and Linen were sent in with a message 
for a Christmas Box, as they call it ; I sent the poor Slave a Bit, and my 
thanks. I was obliged for want of small change, to put off for some days 
the Barber who shaves and dresses me. I gave Tom the Coachman, who 
Doctors my Horse, for his care two Bits, and am to give more when the 
Horse is well. I gave to Dennis the Boy who waits at Table half a Bit. 
So that die sum of my Donations to the Servants, for this Christmas 
appears to be five Bits, a Bit is a pisterene 1 bisected; or an English 
sixpence, and passes here for seven pence Halfpenny, the whole is 

At Breakfast, when Mr. Carter entered the Room, he gave us the 
compliments of the Season. He told me, very civily, that as my Horse 
was Lame, his own riding Horse is at my Service to ride when and where 
I choose. 



1 Pistareen, which then equalled about 19.4 of our cents ; half of it, 9.7 ; the Eng- 
lish sixpence, 12.2 ; seven-pence-halfpenny Virginia money, 10.4. 



Journal of Pliilip Mthian 299 

Mrs. Carter was, as always, cheerful, chatty, and agreeable ; She told 
me after Breakfast several droll, merry Occurrences that happened while 
she was in the City Williamsburg. 

This morning came from the Post-office at Hobbes-Hole, on the Rap- 
pahannock, our News-papers. Mr. Carter takes the Pennsylvania Gazette, 
which seems vastly agreeable to me, for it is like having something from 
home. But I have yet no Answer to my Letter. We dined at four 
o-Clock. Mr. Carter kept in his Room, because he breakfasted late, and 
on Oysters. There were at Table Mrs. Carter and her five Daughters 
that are at School with me — Miss Priscilla, Nancy, Fanny, Betsy, and 
Harriot, five as beautiful delicate, well-instructed Children as I have ever 
known ! Ben is abroad ; Bob and Harry are out ; so there was no Man 
at Table but myself. I must carve — Drink the Health — and talk if I 
can ! Our Dinner was no otherwise than common, yet as elegant a 
Christmas Dinner as I ever sat Down to. The table Discourse was Mar- 
riage ; Mrs. Carter observed that was she a Widow, she should scruple to 
marry any man alive ; She gave a reason, that She did not think it prob- 
able a man could love her grown old when the world is thronged with 
blooming, ripening Virgins; but in fact Mrs. Carter looks and would 
pass for a younger Woman than some unmarried Ladies of my acquaint- 
ance, who would willingly enough make us place them below twenty ! 
We dined at four ; when we rose from table it was growing dark. The 
wind continues at South East and is stormy and muddy. While we 
supped Mr. Carter as he often does played on the Forte-Piano. He al- 
most never sups. Last Night and to night I had large clear and very 
elegant Spermaceti Candles sent into my Room. 

1774, Tuesday, January 4. The Family is most agreeable ! Mr. Car- 
ter is sensible, judicious, much given to retirement and Study ; his Com- 
pany, and conversation are always profitable. His main Studies are Law 
and Music, the latter of which seems to be his darling Amusement. It 
seems to nourish as well as entertain his mind ! And to be sure he has a 
nice well judging Ear, and has made great advances in the Theory, and 
Practice of music. 

Mrs. Carter is prudent, always cheerful, never without Something 
pleasant, a remarkable Economist, perfectly acquainted (in my Opinion) 
with the good-management of Children, intirely free from all foolish and 
unnecessary fondness, and is also well acquainted (for She has always 
been used) with the formality and Ceremony which we find commonly in 
high Life. Ben, the eldest, is a youth of genius : of a warm impetuous 
Disposition ; desirous of acquiring Knowledge, docile, vastly inquisitive 
and curious in mercantile, and mechanical Matters, is very fond of 
Horses and takes great pleasure in exercising them, Bob, the other 
Brother, is By no means destitute of capacity, As Mr. Marshal who 
was his last Tutor has asserted, and many now suppose : He is ex- 
tremely volatile and unsettled in his temper, which makes it almost 
wholly impossible to fix him for any time to the same thing, On which 
account he has made but very little advancement in any one Branch of 



300 Documents 

Study, and this is attributed to Barrenness of Genius. He is slovenly, 
clumsy, very fond of Shooting, of Dogs, of Horses, but a very stiff un- 
toward Rider, good natur'd, pleased with the Society of persons much 
below his Family, and Estate, and tho' quick and wrathful in his tem- 
per yet he is soon moderated, and easily subdued. Harry the Nephew, 
is rather stoical, sullen, or saturnine in his make. He is obstinate, tho' 
Steady, and makes a slow uniform advance in his Learning, he is vastly 
kind to me, but in particular to my Horse, of his health or Indisposition. 

Miss Priscilla, the eldest Daughter about 16, is steady, studious, do- 
cile, quick of apprehension, and makes good progress in what She under- 
takes ; If I could with propriety continue in the Family, I should require 
no stronger Inducement than the Satisfaction I should receive by seeing 
this young Lady become perfectly acquainted with anything I propose as 
soon as I communicate it to her, but the situation of my affairs makes it 
out of my power to stay longer than a year ; She is small of her age, has a 
mild winning Presence, a sweet obliging Temper, never swears, which is 
here a distinguished virtue, dances finely, plays well on key'd Instru- 
ments, and is on the whole in the first Class of the female Sex. 

Nancy, the Second, is not without some few of those qualities which 
are by some ( I think with great ill-nature, and with little or no truth) 
said to belong intirely to the fair Sex. I mean great curiosity, Eager- 
ness for superiority, Ardor in friendship, But bitterness and rage where 
there is enmity. She is not constant in her disposition, nor diligent nor 
attentive to her business. But She has her excellencies, She is cheerful, 
tender in her Temper, easily managed by perswasion, and is never with- 
out what seems to have been a common Gift of Heaven to the fair-Sex, 
the " Copia Verborum," or readiness of Expression ! She is only be- 
ginning to play the Guitar, She understands the Notes well, and is a 
graceful Dancer. 

Fanny next, 1 is in her Person, according to my Judgment, the Flower 
in the Family. She has a strong resemblance of her Mama who is an 
elegant, beautiful Woman. Miss Fanny seems to have a remarkable 
Sedateness, and simplicity in her countenance, which is always rather 
chearful than melancholy ; She has nothing with which we can find Fault 
in her Person, but has something in the Features of her Face which in- 
sensibly pleases us, and always when She is in Sight draws our Attention, 
and much the more because there seems to be for every agreeable Feature 
a correspondent Action which improves and adorns it. 

Betsy next is young, quiet, and obedient. 

Harriot is bold, fearless, noisy and lawless ; always merry, almost never 
displeased ; She seems to have a Heart easily moved by the force of 
Music ; She has learned many Tunes and can strike any Note, or Succes- 
sion of Notes perfectly with the Flute or Harpsichord, and is never 
wearied with the sound of Music either vocal or Instrumental. 

These are the persons who are at present under my direction, and 
whose general character I have very imperfectly attempted to describe. 

1 Frances Carter married Major Thomas ap Thomas Jones, of the Revolutionary army. 



Journal of Philip Fithian 301 

Tuesday, January 18. Mrs. Carter, and the young Ladies came 
Home last Night from the Ball, 1 and brought with them Mrs. Lane, they 
tell us there were upwards of Seventy at the Ball ; forty one Ladies ; that 
the company was genteel ; and that Colonel Harry Lee,' 1 from Dumfries, 
and his Son Harrey who was with me at College, were also there ; Mrs. 
Carter made this an argument, and it was a strong one indeed, that to-day 
I must dress and go with her to the Ball. She added also that She Desired 
my Company> in the Evening when she should come Home as it would be 
late. After considering a while 1 consented to go, and was dressed, we 
set away from Mr. Carters at two ; Mrs. Carter and the young Ladies in 
the Chariot, Mrs. Lane in a Chair, and myself on Horseback. As soon 
as I had handed the Ladies out, I was saluted by Parson Smith; I was in- 
troduced into a small Room where a number of Gentlemen were playing 
Cards (the first game I have seen since I left Home) to lay off my Boots 
Riding-Coat &c. Next I was directed into the Dining-Room to see 
young Mr. Lee ? He introduced me to his Father. With them I con- 
versed til Dinner, which came in at half after four. The Ladies dined 
first, when some Good order was preserved ; when they rose, each nim- 
blest Fellow dined first. The Dinner was as elegant as could be well 
expected when so great an Assembly were to be kept for so long a time. 
For Drink, there was several sorts of Wine, good Lemon Punch, Toddy, 
Cyder, Porter, &c. About Seven the Ladies and Gentlemen begun to 
dance in the Bali-Room — first Minuets one Round ; Second Giggs ; third 
Reels ; And last of All Country- Dances ; tho' they struck several Marches 
occasionally. The Music was a French-Horn and two Violins. The 
Ladies were Dressed Gay, and splendid, and when dancing, their Silks 
and Brocades rustled and trailed behind them ! But all did not join in the 
Dance for there were parties in Rooms made up, some at Cards ; some 
drinking for Pleasure ; some toasting the Sons of america ; some singing 
"Liberty Songs" as they call'd them, in which six, eight, ten or more 
would put their Heads near together and roar, and for the most part as 

unharmonious as an affronted . Among the first of these Vociferators 

was a young Scotch-Man, Mr. Jack Cunningham ; he was nimis bibendo 
appotus ; noisy, droll, waggish, yet civil in his way and wholly inoffen- 
sive. I was solicited to dance by several, Captain Chelton, Colonel Lee, 
Harry Lee, and others ; But George Lee, ' with great Rudeness as tho' half 

'Given by Richard Lee of Lee Hall, Westmoreland County, commonly called Squire 
Lee, who represented that county in the General Assembly of Virginia almost continu- 
ously from 1757 to 1795. 

2 Lieut.-Col. Henry Lee of Leesylvania, near Dumfries, was a bro her of "Squire" 
Lee, the host, and a first cousin of Richard Henry Lee ; he was a member of the House 
of Burgesses and took an active part in all the exciting events of his time. Harry his son, 
who was graduated from Princeton Callege in 1773, became the celebrated cavalry leader 
of the Revolution, better known perhaps under the sobriquet of " Light-Horse Harry." 
His first wife was the "Divine Matilda," daughter of Philip Ludwell Lee. By his sec- 
ond wife, a Miss Carter, he had six children, of whom the best known is Gen. Robert E. 
Lee. Henry Lee was governor of Virginia, 1791-1794., and member of Congress. 

3 /. e. , Henry Lee, Jr. 

* Probably either George Fairfax Lee, son of George Lee of Mt. Pleasant, or George 
Lee, son of Col. Thomas Ludwell Lee of Bellevue. 



302 Documents 

drunk, asked me why I would come to the Ball and neither dance nor play 
Cards? I answered him shortly, (for his Impudence moved my resent- 
ment) that my Invitation to the Ball would Justify my Presence ; and 
that he was ill qualified to direct my Behaviour who made so indifferent 
a Figure himself. Parson Smiths, and Parson Gibberns Wives danced, 
but I saw neither of the Clergymen either dance or game. At Eleven 
Mrs. Carter call'd upon me to go, I listened with gladness to the sum- 
mons and with Mrs. Lane in the Chariot we rode Home, the Evening 
sharp and cold ! I handed the Ladies out, waited on them to a warm 
Fire, then ran over to my own Room, which was warm and had a good 
Fire ; oh how welcome ! Better this than to be at the Ball in some corner 
nodding, and awaked now and then with a midnight Yell ! In my 
Room by half after twelve ; and exceeding happy that I could break away 
with Reputation. 

Saturday, January 29. The Weather is as wintry here in every Re- 
spect as I have ever known it in New-Jersey. Mr. Carter has a Cart and 
three pairs of Oxen which every Day bring in four Loads of Wood, Sun- 
days excepted, and yet these very severe Days we have none to spare ; 
And indeed I do not wonder, for in the Great House, School House, 
Kitchen, &c. there are twenty Eight steady fires ! and most of these are 
very Large ! After Supper, when all had retired but Mrs. Carter, Mr. 
Carter and Myself, the Conversation being on serious Matters, Mr. 
Carter observed that he much dislikes the common method of making 
Burying Yards round Churches, and having them almost open to every 
Beast. He would have them at some small distance from the Church, 
neatly and strongly inclosed, and the Graves kept up decent, and plain, 
but would have no splendid, nor magnificent Monument, nor even stone 
to say " Hie jacet. ' ' He told us he proposes to make his own Coffin and 
use it for a chest til its proper use shall be required — That no Stone, nor 
Inscription be put over him — And that he would choose to be laid under 
a shady Tree where he might be undisturbed, and sleep in peace and ob- 
scurity. He told us, that with his own hands he planted, and is with 
great diligence raising a Catalpa-Vx&t at the Head of his Father who lies 
in his Garden. 1 

Mrs. Carter beg'd that She might have a Stone, with this only for a 
Monument, " Here lies Ann Tasker Carter." - with these things for my 
consideration I left them about ten and went to my cold Room, and was 
hurried soon to Bed ; Not however without reflecting on the importance 
of our preparation for this great Change ! 

Saturday, February 12. After having dismissed the School I went 
over to Mr. Carters Study. We conversed on many things, and at length 
on the College of William and Mary at Williamsburg. He informed me 
that it is in such confusion at present, and so badly directed, that he can- 
not send his Children with propriety there for Improvement' and useful 
Education. That he has known the Professors to play all Night at Cards 
in publick Flouses in the City, and has often seen them drunken in the 

1 Robert Carter of Nominy Hall, son of " King " Carter, died about 1732. 

2 Mrs. Carter was the daughter of Hon. Benjamin Tasker, of Maryland. 



Journal of Philip Fithian 303 

Street ! That the Charter of the College is vastly Extensive, and the 
yearly income sufficient to support a University being about 4.000^ 
Sterling. That the Necessary Expence for each Scholar yearly is only 
15^ Currency. Two of the officers of the Institution, Mr. Bracken 
and Mr. Henly Clergymen are at present engaged in a paper War pub- 
lished weekly in the Williamsburg Gazette's. 1 

Tuesday, March 1 . Afternoon Mr. Lane a young Gentleman, for- 
merly my acquaintance at Princeton came to see me ; with one Mr. Har- 
ison. He stays all night. 

Thursday, March j. After Breakfast Mr. Lane left us, He was drest 
in black superfine Broadcloth ; Gold-laced hat ; laced Ruffles ; black Silk 
Stockings ; and to his Broach on his Bosom he wore a Majors Badge in- 
scrib'd " Virtute and Silentio " cut in a Golden Medal! Certainly he 
was fine ! 

Sunday, March 6. Breakfasted at half after nine. Mr. Lane the 
other Day informed me that the Anabaptists in Louden County are grow- 
ing very numerous ; and seem to be increasing in afluence ; and as he 
thinks quite destroying pleasure in the Country ; for they encourage ar- 
dent Pray'r ; strong and constant faith, and an intire Banishment of 
Gaming, Dancing, and Sabbath-Day Diversions. I have also before un- 
derstood that they are numerous in many County's in this Province and 
are Generally accounted troublesome. Parson Gibbern has preached 
several sermons in opposition to them, in which he has labour' d to con- 
vince his people that what they say are only whimsical Fancies or at most 
Religion grown to Wildness and Enthusiasm ! There is also in these 
counties one Mr. Woddel,- a presbiterian Clergyman, of an irreproach- 
able Character, who preaches to the people under Trees in summer, and 
in private Houses in Winter. Him, however, the people in general 
dont more esteem than the Anabaptists Preachers ; but the People of 
Fashion in general countenance, and commend him. I have never had 
an opportunity of seeing Mr. Woddel, as he is this Winter up in the 
Country, but Mr. and Mrs. Carter speak well of him, Mr. and Mrs. Fant- 
leroy also, and all who I have ever heard mention his Name. 

Friday, March 18 . I have all along intended, and shall now attempt 
to give a short description of Nomini-Hall, and the several Buildings, 
and improvements adjoining it ; as well for my own amusement, as also 

1 John Bracken was from 1773 to 1S18 minister of Bruton Church, Williamsburg, 
was made master of the grammar school, at the college, and was president for two years 
after the death of Bishop James Madison in 1812. Samuel Henley was professor of di- 
vinity and moral philosophy in the college, was a Tory, and left Virginia in 1775. In 
England he wrote numerous pamphlets on archaeological subjects, was the translator of 
Beckford's Vathek, and from 1S05 to 18 15 was principal of the East India College at 
Hertford. 

2 The celebrated Dr. James Waddell, the "Blind Preacher" of Wirt's British 
Spy, was settled in Lancaster and Northumberland counties from 1762 to 1 788 ; but dur- 
ing the latter part of this period it was his custom, on grounds of health, to spend a part 
of the year in upper Virginia, where he lived constantly in later years. See Foote's 
Sketches of Virginia, I. 367-387. 



304 Documents 

to be able with certainty to inform others of a Seat as magnificent in 
itself and with as many surrounding Conveniences, as any I have ever 
seen, and perhaps equal to any in this Colony. 

Mr. Carter now possesses 60000 Acres of Land ; and about 600 
Negroes. But his Estate is much divided, and lies in almost every 
county in this Colony ; He has Lands in the Neighbourhood of Williams- 
burg, and an elegant and Spacious House in that City. He owns a great 
part of the well known Iron-Works near Baltimore in Maryland. 1 And he 
has one or more considerable Farms not far from Anapolis. 

He has some large tracts of Land far to the West, at a place call'd 
"Bull Run," and the " Great Meadows" among the mountains. He 
owns Lands near Dumfries on the Potowmack ; and large tracts in this 
and the neighbouring Counties. Out of these Lands, which are situated 
so remote from each other in various parts of these two large Provinces, 
Virginia and Maryland, Mr. Carter has chosen for the place of his habi- 
tation a high spot of Ground in Westmoreland County at the Head of the 
Navigation of the River Nomini, where be has erected a large Elegant 
House, at a vast expence, which commonly goes by the name of Nomitii- 
Hall. This House is built with Brick, but the bricks have been covered 
with strong lime Mortar ; so that the building is now perfectly white ; it 
is seventy- six Feet long from East to West ; and forty-four wide from 
North to South, two Stories high ; the Pitch of the lower story seventeen 
Feet, and the upper Story twelve. It has five Stacks of Chimneys, tho' 
two of these serve only for ornaments. 

There is a beautiful Jutt, on the South side, eighteen feet long, and 
eight Feet deep from the wall which is supported by three tall pillars. 
On the South side, or front, in the upper story are four Windows each 
having twenty-four Lights of Glass. In the lower story are two Windows 
each having forty-two Lights of Glass, and two Doors each having Six- 
teen Lights. At the East end the upper story has three Windows each 
with eighteen Lights ; and below two Windows both with eighteen 
Lights and a Door with nine. 

The North side I think is most beautiful of all ; In the upper Story 
is a Row of seven Windows with eighteen Lights a piece ; and below six 
windows, with the like number of lights ; besides a large Portico in the 
middle, at the sides of which are two Windows each with eighteen Lights. 
At the West end are no Windows. The Number of Lights in all is five 
hundred, and forty-nine. There are four Rooms on a Floor, disposed of 
in the following manner. Below is a dining Room where we usually 
sit ; the second is a dining-Room for the Children ; the third is Mr. 
Carters study 2 ; and the fourth is a Bail-Room thirty Feet long. Above 

1 Probably those established at Gwinn's Falls and Jones's Falls by the Baltimore 
Company, in which members of the Tasker family (Mrs. Carter's connections) were 
interested. Bishop, History of American Manufactures, I. 5S6. 

2 Fithian includes in his journal a catalogue of Colonel Carter's library — S9 volumes 
folio, 76 quarto, 378 octavo, 502 duodecimo, and says that the Colonel had 45S volumes 
more at Williamsburg — 1503 in all. 



Journal of Philip Fithian 305 

stairs, one Room is for Mr. and Mrs. Carter ; the second for the young 
Ladies ; and the other two for occasional Company. As this House is 
large, and stands on a hi h piece of Land it may be seen a considerable 
distance ; I have seen it at the Distance of six Miles. 

At equal Distances from each corner of this Building stand four other 
considerable Houses, which I shall next a little describe. First, at the 
North East corner, and at 100 yards Distance stands the School House ; 

At the North-West Corner, and at the same Distance stands the 
stable ; At the South-West Corner, and at the same Distance, stands the 
Coach-House ; And lastly, at the South-East, and at an equal distance 
stands the Wash-House. These four Houses are the corners of a Square of 
which the Great-House is the Center. First the School-House is forty 
five feet long, from East to West, and twenty-seven from North to South ; 
It has five well-finished, convenient Rooms, three below stairs, and two 
above ; It is built with Brick a Story and a half high with Dormant 
Windows ; In each Room is a fire ; In the large Room below-Stairs we 
keep our School ; the other two Rooms below which are smaller are al- 
lowed to Mr. Randolph the Clerk ; The Room above the School-Room 
Ben and I live in ; and the other Room above Stairs belongs to Harry 
and Bob. Five of us live in this House with great Neatness, and con- 
venience ; each one has a Bed to himself. 

And we are call'd by the Bell to the Great-House to Breakfast &c. 
The Wash-House is built in the same form, and is of the same Size of the 
School-House. From the front yard of the Great House, to the Wash- 
House is a curious Terrace, covered finely with Green turf, and about 
five foot high with a slope of eight feet, which appears exceeding well 
to persons coming to the front of the House. This Terrace is produced 
along the Front of the House, and ends by the Kitchen ; but before the 
Front-Doors is a broad flight of steps of the same Height, and slope of 
the Terrace. 

The Stable and coach-House are of the same Length and Breadth as 
the School- and Wash-House, only they are higher pitched to be con- 
venient for holding Hay and Fodder. 

Due East of the Great House are two Rows of tall, flourishing, beau- 
tiful Poplars, beginning on a Line drawn from the School to the Wash- 
I House ; these Rows are something wider than the House, and are about 
300 yards Long, at the Easternmost end of which is the great Road lead- 
ing through Westmorland to Richmond. These Rows of Poplars 1 form 
an extremely pleasant avenue, and at the Road, through them, the 
House appears most romantic, at the same time that it does truly elegant. 
The Area of the Triangle made by the Wash-House, Stable and School- 
House is perfectly levil, and designed for a bowling-Green, laid out in 
ectangular Walks which are paved Avith Brick, and covered over with 
3urnt Oyster-Shells. In the other Triangle, made by the Wash-House, 

'These beautiful old trees are still the admiration of all who see them ; though the 
louse and buildings have been gone for many years, this stately avenue survives with 



306 Documents 

Stable, and Coach-House is the Kitchen, a well-built House, as large as 
the School-House ; Bake-House ; Dairy ; Store -House and several other 
small houses ; all which stand due West, and at a small distance from 
the great House, and form a little handsome Street. These Buildings 
stand about a quarter of a Mile from a Fork of the River Nomini, one 
Branch of which runs on the East of us, on which are two Mills; one of 
them belongs to Mr. Turburville the other to Mr. Washington, 1 both 
within a mile. another branch of the River runs on the West of us, on 
which and at a small distance above the House stands Mr. Carter's Mer- 
chant Mill, which I have in other places described ; to go to the mill 
from the House we descend I imagine above an roo Feet; the Dam is so 
broad that two carriages may pass conveniently on it ; and the Pond 
from twelve to Eighteen Foot water, at the fork Mr. Carter has a Gran- 
ary, where he lands his Wheat for the mill, Iron from the Works etc. 

In the evening Mr. Carter sent for Ben and I to play over the Sonata 
which we have lately learn' d ; we performed it, and had not only Mr. 
Stadleys Approbation, but his praise ; he did me the honour to say 'that 
" I play a good Flute." He took a Flute also and play'd ; which put 
me in mind, at once, of the speech of the Shepherd in Virgil. — Non tu in 
Triviis, indocte, solebas Stridenti miserum Stipula disperdere carmen. 
For when compared to him, the best that Ben or I can do, is like Crows 
among Nightingales. We play'd till ten, and separated. I gave to Miss 
Harriot, for saying a good lesson, half a Bit. 

Tuesday, March 24. At Breakfast Mr. Carter entertained us with an 
account of what he himself saw the other Day, which is a strong Repre- 
sentation of the cruelty and distress which many among the Negroes suffer 
in Virginia ! 

Mr. Carter dined at Squire Lees 2 some few Weeks ago ; at the same 
place, that day, dined also Mr. George Turburville and his Wife. As 
Mr. Carter rode up he observed Mr. Turburville' s Coach-Man sitting on 
the Chariot-Box, the Horses off. After he had made his compliments in 
the House, He had occasion soon after to go to the Door, when he saw 
the Coachman still sitting, and on examination found that he was there 
fast chained ! The Fellow is inclined to run away, and this is the 
method which This Tyrant makes use of to keep him when abroad ; and 
So soon as he goes home he is delivered into the pityless Hands of a 
bloody Overseer ! In the Language of a Heathen I query whether cun- 
ning old Charon will not refuse to transport this imperious, haughty Vir- 
ginian Lord When he shall happen to die over the Styx to the Elysian 
Gardens ; lest his Lordship in the passage should take affront at the treat- 
ment, and attempt to chain him also to the Stygean Galley for Life ! 

Or, In the language of a Christian, I query whether he may be ad- 
mitted into the peaceful Kingdom of Heaven where meekness, Holiness, 
and Brotherly-Love, are distinguishing Characteristicks ? 

1 Presumably John Augustine Washington of Bushfield, younger brother of Gen. 
"Washington. 

2 Richard Lee of Lee I Tall ; see p. 301, note 1. 



Journal of Philip Filhian 307 

Monday, April 4. After Supper I had a long conversation with Mrs. 
Carter concerning Negroes in Virginia, and find that She esteems their 
value at no higher rate than I do. We both concluded, (I am pretty 
certain that the conclusion is just) that if in Mr. Carters, or in any Gen- 
tlemans Estate, all the Negroes should be sold, and the money put to In- 
terest in safe hands, and let the Lands which these Negroes now work lie 
wholly uncultivated, the bare Interest of the Price of the Negroes would 
be a much greater yearly income than what is now received from their 
working the Lands, making no allowance at all for the trouble and Risk 
of the Masters as to the Crops, and Negroes. How much greater then 
must be the value of an Estate here if these poor enslaved Africans were 
all in their native desired Country, and in their Room industrious Ten- 
ants, who being born in freedom, by a laudable care, would not only in- 
rich their Landlords, but would raise a hardy Offspring to be the Strength 
and the honour of the Colony. 

Thursday, April 7. Mr. Carter proposes to set away soon after Din- 
ner. He seems, however, to prepare himself for his Journey with all 
the sedateness of a philosopher. Besides the Commands he gave me 
yesterday, he desires me to wait on Mr. Willing Merchant in Philadel- 
phia 1 and know if he will trade here for either Flour or Bread in any 
Quantity. He has given Ben and me an Invitation to ride and spend 
this Evening with him at Colonel Tayloe' s. We set out about three ; 
Mr. Carter travels in a small, neat Chair, with two waiting Men. We 
rode across the Country which is now in full Bloom ; in every field 
we saw Negroes planting Corn, or plowing, or hoeing ; we arrived at the 
Colonels about five, Distance twelve miles. Here is an elegant Seat ! 2 
The House is about the Size of Mr. Carters, built with stone, and fin- 
ished curiously, and ornamented with various paintings, and rich Pic- 
tures. This Gentleman owns Yoriek, who won the prize of 500^ last 
November, from Dr. Floods Horse Gift. In the Dining-Room, besides 
many other fine Pieces, are twenty four of the most celebrated among 
the English Race-Horses, Drawn masterly, and set in elegant gilt Frames. 
He has near the great House, two fine two Story stone Houses, the one 
is used as a Kitchen, and the other, for a nursery, and Lodging Rooms. 
He has also a large, well formed, beautiful Garden, as fine in every Re- 
spect as any I have seen in Virginia. In it stand four large beautiful 
Marble Statues. From this House there is a good prospect of the River 
Rapahannock, which opposite here is about two miles across ; We can 
also from the chambers easily see the Town Hobbes-Hole and the Ships 

1 Thomas Willing ( 1731-1S21 ), partner with Robert Morris in the great house of 
Willing and Morris ; afterwards president of the Bank of North America, and of the 
Bank of the United States. 

2 Mt. Airy, the beautiful home of the Tayloe family, still stands. It was built in 
I 7S°! by Col. John Tayloe, and is one of the handsomest of all the old colonial man- 
sions. The interior was destroyed by fire in 1844, but was rebuilt again by Mr. William 
Tayloe, within the same walls. Situated upon a high hill in Richmond County, it com- 
mands an extensive and beautiful view of the Rappahannock River and surrounding 
ccuntry. 



308 Documents 

which lie there. I was introduced by Mr. Carter to the Colonel, to Miss 
Polly, and to Miss Kitty 1 his daughters, and to a Lady (Mrs. Thornton) 
that happened there, and to a young Gentleman, Mr. Corbin. The 
young ladies played several tunes for us, and in good taste on the 
Harpsichord ; We supp'd at nine ; and had the usual Toasts. 

Friday, April 8. The Ladies before breakfast gave us several tunes 
on the Harpsichord. About ten Mr. Carter set out for Williamsburg, to 
the general Court, which sits twice a year, each Time twenty four Days 
Sundays excluded. We had some agreeable conversation this morning ; 
Horses seem to be the Colonels favourite topic. He inquired of me 
however, where I was born ; where educated ; and if I am pleased with 
Virginia. He told me he saw Dr. Witherspoon, and conversed with him 
an Evening last Fall, and is much pleased with his manner, and Qualities. 
He informed me that Dr. Morgan of Philadelphia 2 breakfasted with him 
a few Days ago ; he calls the Doctor facetious, sensible, and prudent. 
The Colonel desired me to enquire for some Gentleman of undoubted 
ability to teach in a Family. I shall apply to Mr. Sani I Leek jun'r' and 
if he declines I will look no further. Ben and I took our Leave about 
Eleven, and returned home. 

Saturday, April g. Mrs. Carter gave Ben liberty to go with me as 
far as Anopolis, provided we set out soon, and accordingly we propose to 
set off to-morrow or Monday morning, I begin therefore to prepare for 
the Ride. The Day is rainy and cold, and I am in a vastly disagreeable 
Humour. ' 

Saturday, May 28. I found Mr. and Mrs. Carter at home sitting 
together. They received me with great welcome. Ben, Bob, Miss 
Fanny and Betsy came in to see me. The others in bed. sup'd on 
Crabs and an elegant dish of Strawberries and cream. How natural, 
how agreeable, how majestic this place seems ! 

Sunday, May 29. The family is invited to dine with Mr. Turburville. 
Mr. and Mrs. Carter, Miss Priscilla and Nancy with three Servants went 
from Church. Ben, Bob, Miss Fanny, Betsv and Harriot with two 
Servants cross' d the River. Miss Sally with Tasker and one Servant 
rode in a Chair. Dined with us Captain Dennis, of the Ship Peggy ; 

1 Maty Tayloe, we are told, married Mann Page of Spottsylvania in 1776, while 
Catharine married Landon Carter of Richmond County in 1780. 

2 Dr. John Morgan, F.R.S., one of the founders of the medical school at Philadel- 
phia and one of its first and most eminent professors. Perhaps he was now returning 
from the journey to Jamaica, which he made in 1773 in order to obtain funds for the Col- 
lege of Philadelphia. In 1775 he was appointed by Congress director-general of the 
military hospitals and physician-in- chief to the American army. 

3 Of the class of 1774, then about to graduate at Princeton. As the best scholar in the 
class, he had been appointed by the faculty to deliver at Commencement the Latin saluta- 
tory. But a few days after the date of the text, on April 19, 1774, the trustees vacated 
the choice on the ground that Leake had taken a prominent part in the burning of Gov- 
ernor Hutchinson in effigy by the students, and had insulted a trustee who opposed their 
proceedings. 

4 A vacation intervenes, spent at Fithian's home in New Jersey. 



Journal of Philip Fithian 309 

Dr. Steptoe ; and Mr. Cunningham. Politicks were the topic — and in- 
deed the Gentlemen seemed warm. The Governor of this Province 
dissolved the Assembly last week after they had made a resolve that a 
general and solemn fast be observed thro' this whole Colony, on Account 
of the melancholy aspect of American Affairs at present, to be kept the 
first day of June, which is next Wednesday, when the alarming Act of 
Parliament which has lately come over is to take place at Boston. 1 Par- 
son Smith accordingly gave it out at the Church to Day and it is to be 
observed. I only saw Miss Sally Panton, she did not dine with us. I 
am told She has an Estate in England of 50^ Sterling pr. Annum, but 
for some unknown cause came over, probably the same as drew me from 
home. After dinner we had a Grand and agreeable Walk in and through 
the Gardens. There is great plenty of Strawberries, some Cherries, 
Gooseberries &c. Drank Coffee at four, they are now too patriotic to 
use tea. Soon after we set out for Home. The young Ladies chose to 
walk and Cross the water with us. I am much more pleas'd with the 
Face of the Country since my return than I have ever been before. It 
is indeed delightsome ! 

Tuesday, May 31. Very warm. I feel well reliev'd of the Fatigues 
of my ride. The lower Class of People here are in a tumult on the ac- 
count of Reports from Boston, many of them expect to be press' d and 
compelled to go and fight the Britains ! Evening I asked the Colonel if 
he proposed to observe the fast, and attend Sermon to-morrow ; he 
answered that "No one must go from hence to Church, or observe the 
Fast at all." By this, (for it is hard to know his opinion from any thing 
he declares) I conclude he is a courtier. 

Saturday, June 18. Towards evening 'Squire Lee call'd in, and 
brought a late London NewsPaper in which we are informed that another 
Act of Parliament has pass'd taking from the People of Boston all power 
of trying any Soldier, or Person whether for commiting any Crime : 
and obliging all such offenders to be sent home for legal Tryal. 2 Heaven 
only knows where these tumults will End ! He informed us likewise 
that last Saturday in Richmond (our neighbor County) the people drest 
and burnt with great marks of Detestation the infamous Lord North. Mrs. 
Carter, after the 'Squire left us quite astonished me in the Course of the 
evening, with her perfect acquaintance with the American Constitution. 

Friday, Jun 24. To Day in course Mr. Christians Dance happens 
here. He came before Breakfast. Miss Jenny Washington* came also, 

'The Boston Port Bill went into operation on June I, 1774. O' 1 ^ a Y 2 4> '774> tne 
Virginia House of Burgesses passed a resolution expressing sympathy with the people of 
Boston, and declaring it " highly necessary that the said first day of June next be set 
apart by the members of this house, as a day of fasting, humiliation, and prayer, devoutly 
to implore the Divine interposition for averting the heavy calamity which threatens de- 
struction to our civil rights, and the evils of civil war." In consequence of this act, 
Governor Dunmore on the following day dissolved the house. 

2 14 Geo. III. c. 39. 

3 Presumably Gen. Washington's niece, the daughter of John Augustine Washington 
and sister of Bushrod Washington. She subsequently married her cousin Col. William 
Augustine Washington. 



3io Documents 

and Miss Priscilla LLalc while we were at Breakfast. Miss Washington is 
about seventeen ; She has not a handsome Face, but is neat in her Dress, 
of an agreeable Size, and well proportioned, and has an easy winning 
Behaviour; She is not forward to begin a conversation, yet when spoken 
to she is extremely affable, without assuming any Girlish affectation, or 
pretending to be overcharg'd with Wit ; She lias but lately had opper- 
tunity of Instruction in Dancing, yet She moves with propriety when she 
dances a Minuet and without any Flirts or vulgar Capers, when She 
dances a Reel or Country- Dance : She plays well on the Harpsichord, and 
Spinet ; understands the principles of Musick, and therefore performs her 
Tunes in perfect time, a Neglect of which always makes music intolerable, 
but it is a fault almost universal among young Ladies in the practice ; 
She sings likewise to her instrument, has a strong, full voice, and a well- 
judging Ear ; but most of the Virginia-Girls think it labour quite suffi- 
cient to thump the Keys of a Harpsichord into the air of a tune me- 
chanically, and think it would be Slavery to submit to the Drudgery of 
acquiring Vocal Music ; Her Dress is rich and well-chosen, but not 
tawdry, nor yet too plain ; She appears to Day in a Chintz cotton Gown 
with an elegant blue Stamp, a Sky-Blue silk Quilt, spotted Apron ; Her 
Hair is a light Brown, it was crap'd up, with two Rolls at each Side, and 
on the top a small cap of beautiful Gauze and rich Lace, with an artificial 
flower interwoven. Her person and carriage at a small distance resembles 
not a little my much respected Laura. But on close examination her 
Features are something masculine, those of Laura are mild and delicate. 
Mr. Christien very politely requested me to open the Dance by stepping 
a Minuet with this amiable Girl, but I excused myself by assuring Him 
that I never was taught to Dance. Miss Hale is about fourteen ; a slim, 
puny silent Virgin ; She has black Eyes, and black Hair, a good sett of 
Eye-Brows, which are esteem' d in Virginia essential to Beauty ; She 
looks innocent of every human Failing, does not speak five Words in a 
Week, and I dare say from her Carriage that her Modesty is invincible ; 
She is drest in a white Holland Gown, cotton Diaper Quilt very fine, a 
Lawn apron, has her Hair crap'd up ; and on it a small Tuft of Ribbon 
for a Cap She is but just innitiated into the School, and only hobbles 
yet Once I saw her standing ; I rose immediately and begg'd her to ac- 
cept my Chair ; She answered most kindly, " Sir I thank you," that was 
all I could extract from this Wonder of the Sex for the two Days she 
stay'd, and I seemed to have an equal Share too in the Favours of her 
Conversation ; so that I cannot be any way particular in describing the 
mental faculties of Miss Hale, it is sufficient to say that I think she is far 
removed from most of the foibles of Women. Some time after these 
came Colonel Lee's Chariot with five young Misses. These five, with 
Miss Washington and Miss Hale and Miss Nancy Carter, and Bob are 
Mr. Christiens Compliment of Scholars in this School except Mis 
Turburville who is just now up the country with an Uncle, where She i 
to Stay some time together with Miss Corbin. Miss Betsy Lee 1 is abou 

1 Probably Elizabeth, daughter of John Lee of Essex, a nephew of President Thoma: 
Lee. 



Journal of Philip Fithian 3 1 1 

thirteen ; a tall slim genteel Girl ; She is very iar from Miss Hale's taci- 
turnity, yet is by no means disagreeably forward ; She dances extremely 
well, and is just beginning to play the Spinet She is drcst in a neat 
shell Callico Gown, has very light Hair done up with a Feather, and her 
whole carriage is easy inoffensive, and graceful. The other Miss Lee's 
are small Towards evening came in George Lee, and Mr. Grubb, an 
English Gentleman ; the Company danced after candle-light a Minuet 
round, three Country-Dances, several Reels, when we were rung to Supper 
after Supper we set til twelve drinking loyal Toasts. 

Sunday, July 10. A Sunday in Virginia dont seem to wear the Same 
Dress as our Sundays to the Northward. Generally here by five o-Clock 
on Saturday every Face (especially the Negroes) looks festive and cheer- 
ful. All the lower class of People, and the Servants, and the Slaves, 
consider it as a Day of Pleasure and amusement, and spend it in such 
Diversions as they severally choose. The Gentlemen go to Church to be 
sure, but they make that itself a matter of convenience, and account the 
Church a useful weekly resort to do Business. 

Saturday, July 16. [Invited to accompany the colonel on a trip, by 
water, down the River Machodock to the Potowack, then up the Nomini] . 
The Colonel, Ben and myself rode on Horse-back about Six to Mr. At- 
wels ; four lusty, hearty Men had gone on foot before who were Oarsmen; 
Here we were to enter a Boat never Rowed before, and proceed down 
the River Machodock to Mr. Carters Store-Houses which are now build- 
ing near the mouth of that River. But I am going to venture upon a 
Description of a Scene which I am sure I will not do Justice to — A 
Scetch of three Rivers — Their Beautiful Banks — Several Gentlemens 
Seats — -Their commodious harbours — In particular that near which Mr. 
Carter is erecting Store-Houses. The whole is to be an account of our 
peregrination this 16th burning day of July 1774. 

I have said, that we rode on Horseback to Mr. Atwels where we were 
to go on board and have our Horses sent back. This House is called six 
Miles from the mouth of Machodock. It stands on the Bank of the 
River ; The Boat that carried us is built for the purpose of carrying the 
young Ladies and others of the Family to Nominy Church. It is a light 
neat Battoe elegantly painted and is rowed with four Oars. We went on 
board ; The Sun beamed clown upon us, but we had each an Umberella. 
The River is here about Gunshot over ; the Banks are pretty low, but 
hard to the very Water. I was delighted to see Corn and Tobacco grow- 
ing, or Cattle and Sheep feeding along the Brink of this River on both 
Sides, or else Groves of Pines, Savins and Oaks growing to the side of 
the Bank. We passed by an elegant small Seat of Mr. Bead ; it was small, 
but it was neat. We arrived at Mr. Carters Store- Houses in 50 minutes, 
they are 5 Miles from Mr. Atwels, and one from Potowmack. These 
Houses are building for the reception of Iron, Bread, Flour &c. there 
are two Houses each 46 Feet long by 20. They stand at the Bottom of 
a Bay which is a safe and spacious harbour. Here we Breakfasted at ten, 
At twelve we pushed off from thence and rowed by parson Smiths Glebe 

VOL. V. — 21 



3 1 2 Documents 

and in sight of his house in to the broad beautiful Potowmack. I think 
it is here ten Miles or twelve over has a fine high hard Bank ; no Marshes, 
but Cornfields, Trees or Grass ! Up the lovely Water we were rowed 
six Miles into the Mouth of Nominy. We went on Board a small Schooner 
from Norfolk which lay in Nominy-Bay. Mr. Carter is loading her with 
Flour and Iron. Here we were in sight of Stratford, 1 Colonel Lee's Seat. 
We were in sight too of Captain Cheltons. And of Colonel Wash- 
ingtons 2 Seat at Bushfield. From the Schooner we Rowed up Nominy- 
River. I have forgot to remark before that from the time of our setting 
out as we were going down Machodock, and along the Potowmack- 
Shore, and especially as we were rowing up Nominy we saw Fishermen in 
great numbers in Canoes, and almost constantly taking in Fish, Bass and 
Perch. This was beautiful ! The entrance of Nomini is very shoal, and 
stony, the Channel is very narrow, and lies close to the Easternmost Side. 
On the edges of these shoals, or in Holes between the Rocks is plenty of 
Fish. The Banks of Nominy are steep and vastly high, twenty or thirty 
Feet, and in some places almost perpendicular ; The Course of the River 
is crooked, and the prospects on each Side vastly romantic and diversified. 
We arrived at the Granary near Nominy-Hall about six. I went to my 
room to take off an Account of the expedition. 

Tuesday, August 2. Ben and I drest ourselves pretty early with an 
intention to Breakfast with Colonel Tayloe, but the Servant who went 
with us was so slow in preparing that we breakfasted before we set out. 
We arrived at Colonel Tayloe's however by half after nine. The young 
Ladies we found in the Hall playing the Harpsichord. The morn- 
ing cool with a fine Breeze from the North for I forgot to mention that 
about Midnight last Night a violent Gust of Blackness, Rain and Thun- 
der came on and gave us present Relief from the scorching Sun ; there 
was no Dust and the riding was pleasant. The Colonel, his Lady, Miss 
Polly, Miss Kitty, Miss Sally, 3 rode in their Great Coach to the Ferry. 
Distance about 4 miles. Ben and I on Horseback. From Colonel Tay- 
loe's to this Ferry opposite to Hobbs's Hole the Land is levil and ex- 
tremely good ; Corn here looks very rank is set thick with Ears, and they 
are high and large, three commonly on a Stalk. Here I saw about an 
Acre and a half of Flax, which the people were just pulling, exceedingly 
out of Season. This is the only Flax I have seen since I have been in the 
Colony ; I am told they raise much in the upper Counties. Here too is a 
great Marsh covered with thick high Reed. The Face of this part of the 
Country looks fertile, but I apprehend it is far from being healthy. We 
came to the Bank of the Rappahannock ; it is here about 2 Miles over 
the Shipping on the other Side near the Town lying at Anchor looks 
fine ; no large Vessels can haul along the Wharves on account of shoal 
Water. There were six Ships riding in the Harbour, and a number of 

1 The famous old mansion at Stratford (see Lee's Lee of Virginia,^. 114-120) 
was at this time occupied by Col. Philip Ludwell Lee. 

2 Col. John Augustine Washington, the future general's younger brother. 
;i Afterward the third wife of Col. William Augustine Washington. 



Journal of Philip Fithian 313 

Schooners and smaller Vessels. Indeed, says Mrs. Tay/oe, Captain 
Dobby has forgot us, here we have been waiting for a full half hour, 
shall we take the Ferry Boat Colonel and cross over, and not stand any 
longer in the burning heat ? I was pleased not a little with the propo- 
sal, tho' at the same time, I laughed with myself at Mrs. Tayloe's truly 
Womanish impatience ! At last they are coming. The long-Boat came, 
well furnished with a large Awning, and rowed with four Oars. We en- 
tered the Ship about half after twelve where we were received by Cap- 
tain Dobby, with every possible token of welcome. 

Since I have been in Virginia, my inclination, and my fixed purpose 
before I left home, both of which were very much assisted by a strict 
Attention to the instructing my little Charge, these have kept me pretty 
constantly, almost wholly, indeed out of that kind of Company where 
dissipation and Pleasure have no restraint. This entertainment of Cap- 
tain Dobby' s, elegant indeed, and exceedingly agreeable, I consider as 
one among a prodigeous throng of more powerful similar Causes, of the 
fevers and other Disorders which are common in this Colony, and gene- 
rally attributed to the Climate which is thought to be noxious and un- 
healthy. The Weather here indeed is remarkably variable But taking 
away and changing the usual and necessary Time of Rest ; Violent Exer- 
cise of the Body and Spirits ; with drinking great quantities of variety of 
Liquors, these bring on Virginia Fevers. The Beaufort is a stately Ship ; 
Captain Dobby had an Awning from the Stern over the Quarter quite to 
the Mizen-Mast, which made great Room, kept off the Sun, and yet was 
open on each Side to give the Air a free passage. At three we had on 
Board about 45 Ladies, and about 60 Gentlemen besides the Ships Crew, 
and Waiters, Servants &c. We were not throng' d at all, and dined all 
at twice. I was not able to inform myself, because it seemed improper to 
interrupt the General pleasure, with making circumstantial inquiries con- 
cerning Individuals, and saying pray, Sir, what young Lady is that yonder 
in a Lute-String Gown ? She seems genteel ; where does her Father live ? 
Is she a Girl of Family and Breeding? Has She any Suitors? This 
when one could not be out of the Inspection of the Company, would have 
seemed impertinent so that I did not much enlarge my Acquaintance with 
the Ladies, which commonly seems pleasing and desirable to me ; But I 
took Notice of Several, and shall record my remarks. 

The Boats were to Start, to use the Language of Jockeys, immediately 
ifter Dinner ; A Boat was anchored down the River at 3 Mile Distance ; 
"aptain Dobby and Captain Benson steer' d the Boats in the Race. Cap- 
ain Benson had 5 Oarsmen ; Captain Dobby had 6. It was Ebb-Tide. 
The Betts were small, and chiefly given to the Negroes who rowed, 
-'aptain Benson won the first race. Captain Purchace offered to betr ten 
)ollars that with the same Boat and same Hands, only having Liberty to 
ut a ^mall Weight in the Stern, he would beat Captain Benson. He was 
ken, and came out best only half the Boats Length. About Sunset we 
ft the Ship and went all to Hobbs's Hole, where a Ball was agreed on. 
his is a small Village, with only a few Stores, and Shops, it is on a 



3 1 4 Documents 

beautiful River, and has I am told commonly six, eight and ten Ships 
loading before it the Crews of which enliven the Town. Mr. Ritche 
Merchant ; he has great influence over the People, he has great Wealth ; 
which in these scurvy Times gives Sanction to Power ; nay it seems to 
give countenance to Tyranny. 

The Ball Room 

25 Ladies — 40 Gentlemen — The Room very long, well-finished, airy 
and cool, and well-seated — two Fidlers. Mr. Ritche stalk' d about the 
Room. He was Director, and appointed a sturdy two fisted Gentleman 
to open the Ball with Mrs. Tayloe. He danced midling tho'. There 
were about six or eight married Ladies. At last Miss Ritche danced a 

Minuet with She is a tall slim Girl, dances nimble and graceful. 

She was Ben Carters partner. Poor Girl She has had the third Day 
Ague for twelve months past, and has it yet She appeared in a blue 
Silk Gown ; Her Hair was done up neat, without powder, it is very 
Black and Set her to good Advantage. Soon after her danced Miss 
Dolly Edmundson — A Short pretty Stump of a Girl ; She danced well, 
sung a Song with great applause, seemed to enter into the Spirit of the 
entertainment. A young Spark seemed to be fond of her ; She seemed 
to be fond of him ; they were both fond, and the Company saw it. He 
was Mr. Ritche' s Clerk, a limber, well dress' d, pretty-handsome Chap 
he was. The insinuating Rogue waited on her home, in close Hugg too, 
the moment he left the Bali-Room. Miss Aphia Fantleroy danced next, 
the best dancer of the whole absolutely. And the finest Girl. Her 
head tho' was powdered white as Snow, and crap'd in the newest Taste. 
She is the Copy of the goddess of Modesty. Very handsome ; she 
seemed to be loved by all her Acquaintances, and admired by every 

Stranger. Miss McCall Miss Ford Miss Broke?ibcrry Ball 

Two of the younger Miss Ritche 's Miss Wade. — They danced 

till half after two, Captain Ritche invited Ben and I, Colonel Tayloe 
and his Family with him. We got to Bed by three after a Day spent in 
constant Violent exercise, and drinking an unusual Quantity of Liquor ; 
for my part with Fatigue, Heat, Liquor, Noise, Want of sleep, And th< 
exertion of my Animal spirits, I was almost brought to believe several 
times that I felt a Fever fixing upon me, attended with every Symptom 
of the Fall Disorders. 

Wednesday, August 3. We were call'd up to Breakfast at half afte 
eight. We all look'd dull, pale, and haggard ! From our Beds to Break 
fast. Here we must drink Hot Coffee on our parching Stomachs ! Bu 
the Company was enlivening — Three of the Miss Tayloe's — Three Mis 
Ritche's — And Miss Fantleroy. This loveliest of all the Ring is yet fa 
below — Laura If they were set together for the choice of an utte 
Stranger ; he would not reflect, but in a moment spring to the Girl tha 
I mean to regard. After Breakfast the young Ladies favoured us witl 
several Tunes on the Harpsichord. They all play and most of them i 
good Taste, at eleven we went down to the River ; the Ships Lon 
Boat was waiting. Captain Purchacc of the Beaufort, helped us on Boan 



Journal of Philip Fithian 3 1 5 

I gave the Boatswain a Pisterene for his trouble. Half a Bit for the Past- 
ure of my Horse. We rode to Colonel Tayloe's. The Ladies all retired 
for a nap before Dinner, we sat in the Hall, and conversed with the 
Colonel a sensible, agreeable sociable person. Miss Garrot is Governess 
of the young Ladies ; She too is chatty, satirical, neat, civil, had many 
merry remarks at Dinner, we staid til about six took our Leave, and rode 
Home. Found all well ; gave an account of ourselves, of our entertain- 
ment, and of our' Company to Mr. and Mrs. Carter at Coffee, and retired 
soon to Bed. 

Saturday, August ij. Evening came in Colonel Henry Lee. He is 
chosen ' to be one of the seven who represent this Colony in the General 
Congress to be held next Month in Philadelphia. He sets out next Sun- 
day Sennight. 

Thursday, August 25. Still stormy. The Gentlemen who are sail- 
ing up the Bay to the Congress have a disagreeable time. This is a true 
August Northeaster, as we call it in Cohansie. Ben is in a wonderful 
Fluster lest he shall have no company to-morrow at the Dance. But 
blow high, blow low, he need not be afraid ; Virginians are of genuine 
Blood. They will dance or die ! I wrote some at my Letter for Mr. 
Peek. 11 The people here pronounce shower "Sho-er." And what in 
New Jersey we call a Vendue here they [call] a " Sale." All Taverns 
they call "Ordinary's." When a Horse is frolicsome and brisk, they 
say at once he is " gayly. ' ' She is mischievous, they call him ' ' vicious. ' ' 
At five, with Ben, I rode out for exercise. After a while we arrived at 
George Lee' s. He gave us some excellent Peaches. He returned with us 
to Mr. Turberville's. We met here with Miss Betsy Lee* Mr. Grubb, 
Lancelot Lee and here we spent the evening. Fish -Feasts, and Fillies, 
Loud disputes concerning the Excellence of each others Colts — Concern- 
ing their Fathers, Mothers (for so they call the Dams) Brothers, Sisters, 
Uncles, Aunts, Nephews, Nieces, and Cousins to the fourth Degree ! 
All the Evening Toddy constantly circulating. Supper came in, and at 
Supper I had a full, broad, satisfying view of Miss Sally Panton. I 
wanted to hear her converse, but poor Girl anything She attempted to 
say was drowned in the more polite and useful Jargon about Dogs and 
Horses ! For my Part, as I was unwilling to be singular, if I attempted 
to push in a word, I was seldom heard, and never regarded, and yet they 
were constantly refering their Cases to me, as to a supposed honest 
fellow, I suppose because I wear a black Coat, and am generally silent ; 
it Home I am thought to be noisy enough ; here I am thought to be 
silent and circumspect as a Spy. How different the Manners of the 
People ! I try to be as cheerful as I can, and yet I am blamed for being 
itupid as a Nun. 

Monday, September 12. We threatned having a Fire this morning, 
wrote at my Sermon. From the Ship lying at Leeds, arrived this after- 

J By the first convention of Virginia, early in August. R. H. Lee is intended. 
2 John Peck, Princeton 1774, who on Fithian's recommendation succeeded him as 
utor at Nominv Hall. 



3 1 6 Documents 

noon our new Coach. It is a plain carriage, upper part black, lower 
Sage or Pea-Green. The Harness is neat strong, and suitable for the 
Country. Price 120 £ Sterling. In the same Ship Mrs. Carter imports 
about 30^ value in plate in a pair of fashionable Goblets; Pair of 
beautiful Sauce-Cups ; and a Pair of elegant Decanter-Holders. Ben 
introduced into our Room a plain useful Book-Case, in which we class 
and place our Books in order, after School, I took a Book, and walked 
through the Pasture strolling among Horses, Cows, and Sheep, grazing 
on the Hills and by the River. 

Friday, September 16. Mrs. Carter, this morning, with Prissy, 
Nancy, and Bob went in the New-Coach to the Dance at Stratford, 1 the 
morning is mild, fair and cool. The Colonel informed me that now his 
Mill-House Bake Houses, Store Houses &c. with a clear unobstructed 
navigation is compleated, and that, he will rent them all to a Person 
properly qualified, or gladly employ a person who is capable, trusty and 
industrious enough to be the sole Director of so great and valuable Prop- 
erty. Dined with us captain Walker. He threw out several exceeding 
unpopular Sentiments with regard to the present amazing Disturbances 
through the Colonies. One in special I think proper to record because 
it fixes his Character, and declares him, in Spite of all pretence, an 
enemy to America. He asserted that no Officers (at Boston or else- 
where) are obliged, either by Law, or Right, to question or refuse any 
kind of orders which they receive from their Sovereign, or commanding 
Officer. But I count every man, who possesses and publishes such sen- 
timents in this Crisis of the Fate of a vast Empire, as great an enemy to 
America at least, as Milton's Arch-Devil was to Mankind ! 

Monday, September ig. The morning fine and cool, and produces 
in our School at last a fine Fire ! Fire looks and feels most welcome; 
and I observe it makes our children remarkably garrulous and noisy. I 
took cold by Saturdays unusual exercise, and to Day have a Pain through 
my head, sore throat, and the other common troubles in a Cold. This 
Day begins the examination of the Junior class at Nassau- Hall. Every 
time I reflect on that Place of retirement and Study, where I spent two 
years which I call the most pleasant as well as the most important Period 
in my past life — Always when I think upon the Studies, the Discipline, 
the Companions, the Neighbourhood, the exercises, and Diversions, it 
gives me a secret and real Pleasure, even the Foibles which often prevail 
there are pleasant on recollection ; such as giving each other names and 
characters ; Meeting and Shoving in the dark entries : knocking at Doors 
and going off without entering ; Strowing the entries in the night with 
greasy Feathers ; freezing the Bell ; Ringing it at late Hours of the 
Night ; — I may add that it does not seem disagreeable to think over the 
Mischiefs often practised by wanton Boys — Such are writing witty pointed 
anonymous Papers, in Songs, Confessions, Wills, Soliliques, Proclama 
tions, Advertisements &c — Picking from the neighbourhood now and then 
a plump fat Hen or Turkey for the private entertainment of the Club 

1 The house of Col. Philip Ludwell I.ee. See above, p. 297, note I ; p. 312, note I 



Journal of Philip Fithian 3 1 7 

" instituted for inventing and practising several new kinds of mischief in 
a secret polite Manner" — Parading bad Women — Burning Curse-John — 
Darting Sun-Beams upon the Town-People Reconoitering Houses in the 
Town, and ogling Women with the Telescope— Making Squibs, and 
other frightful compositions with Gun-Powder, and lighting them in the 
Rooms of timorous Boys and new comers- — The various methods used in 
naturalizing Strangers, of incivility in the Dining-Room to make them 
bold ; writing'them sharp and threatning Letters to make them smart ; 
leading them at first with long Lessons to make them industrious — And 
trying them by Jeers and Repartee in order to make them choose their 
Companions &c &c. 

Sunday, September 2$. The morning clear cool and very dry. 1 
rode to Ucomico-Church. I was surprised when the Psalm begun, to 
hear a large Collection of voices singing at the same time, from a Gal- 
lery, entirely contrary to what I have seen before in the Colony, for it is 
seldom in the fullest Congregation's, that more sing than the Clerk, and 
about two others ! I am told that a singing Master of good abilities has 
been among this society lately and put them on the respectable Method 
which they, at present pursue. I dined at Mr. Fishers, among others, I 
saw there, Dr. Steptoe, and Mr. Hamilton who have lately been to Phila- 
delphia. They give various reports concerning political affairs, and as to 
the Congress nothing certain, so that I say nothing on that Score. Their 
Remarks on the City and Inhabitants : The Country &c are curious. 
They allow the City to be fine, neat, and large ; they complain a little of 
the small Rooms, Uniformity of the Buildings, and several other like 
faults. They call the Inhabitants grave and reserved ; and the Women 
remarkably homely, hard favour'd and sour ! One Colonel Harrison ' 
from a lower County in this Colony, offer' d to give a Guinea for every 
handsome Face that could be found in the City, if any one would put a 
Copper on every Face that did not come up to that Character ! This is 
an impeachment of the Ladies which I have never heard before. I do 
not give my opinion either for or against it. The face of the Country, 
and the method of farming that way delights them : but at this I dont 
wonder. 

Friday, September jo. Warm, but clear and dry. Dined with us 
Mr. Blain ; he gave us a large account of affairs at the Congress, of the 
City, Country, Manners, Persons, Trade &c. But he swears the Women 
are coarse and hardy. Evening I informed the Colonel that it is 
hardly probable I shall continue in his family til his return from the 
general Court. And at the same time, desired him to give me a discharge, 
so that I expect to have all things adjusted before he leaves Home. We 
have now entered on the Winter plan, have Coffee just at evening and 
Supper between eight and nine o-Clock. It is wonderful to consider the 
Consumption of provisions in this family. I have before spoken of 
Meat, and the steady Rate of flour weekly, for the great House is 100 Lb 
of which 50 is the finest, and 50 the Seconds. But all the Negroes, and 
most of the Labourers eat Corn. 

'Doubtless Col. Benjamin Harrison, the signer. 



3 1 S Documents 

Monday, October j. After Breakfast the Colonel settled and paid me 
for my Years Service 40^ Sterling. This is better than the scurvy an- 
nuity commonly allowed to the Presbyterian Clergy. He is very Busy 
in adjusting his affairs, he set out however, by twelve for Williamsburg, 
after taking final leave of me. Ben accompanies him to Richmond 
Court. Afternoon Miss Corbin and Miss Turberville came in to stay 
a while with Mrs. Carter. 

Bob went yesterday to Mr. Lanes there was Parson Gibbern ill of his 
last weeks Bout ; he was up three nights successively drinking and play- 
ing at Cards, so that the liquor and want of sleep put him quite out of 
his Sences. A rare tale this to relate of a Man of Cod ! To use the 
language of the vulgar, "Old Satan will sadly belabour such overgrown 
Sinners " ! 

Wednesday, October 12. I was told often before I left Home that 
coming into Virginia would bring me into the midst of many dangerous 
Temptations ; Gay Company, frequent entertainments, little practical 
devotion, no remote pretention to Heart religion, daily examples in Men 
of the highest quality of Luxury, intemperance, and impiety ; these were 
urged, by my kind acquaintances, as very strong dissuasions against my 
leaving home ; the admonitions I accepted with great Thankfulness, tho' 
I could not allow them to turn me off from my purpose and I resolved 
with as much sincerity and Firmness as I could to carry them with me in 
every part of my behaviour. The close of the time of my Stay here is I 
expect now near at hand : And if I may judge myself of the carrying my 
resolutions into practice, I should pronounce that I have not been want- 
ing in my duty in this respect. Some few who frequently ask me to go 
from home, say I am dull, unsociable, and splenetic : But the Gentlemen 
generally here have a good and reasonable manner of judging in this case 
they are well pleased with strict and rigid virtue, in those who have the 
management of their children, if it does not grow to factious enthusi- 
asm ; so that Levity, tho' perhaps they would wink at it lessens, and 
in a while would take away the Reputation and business of a Family 
Tutor. Of this I was fully convinced in a short time after my coming 
into the Colony, and saw too the very great advantage of the Precaution 
which I received of my friends, for they assisted me in setting out in a 
safe and prudent Plan, which has, I hope directed me to propriety of 
conduct with regard to my private character, and likewise to my little 
lovely Charge. 1 

Tuesday, December 6. The Committee, Messrs. Greenman, Ches- 
nut, Green, Achan and Flollingshead, met at Pittsgrove according to ap- 
pointment ; It was opened with a Sermon, by Mr. Hollingshead. Soon 
after which they proceeded to examine me in natural and Moral Philoso- 
phy, Geography, and divinity. All which they finished about nine in 
the evening and then gave me a Licence to preach the Gospel. I feel 

1 The writer left Nominy Hall on October 20, and reached his home in southern 
New Jersey on the 25th. His final trials before the Presbytery at Neshaminy began on 
November 3, but were adjourned to December 6, 1774. 



Journal of Philip Fithian 3 1 9 

myself not able ; I feel myself unqualified ; I feel myself unworthy, and 
every way vastly unequal to this great undertaking. Give me Strength, 
O Shepherd of Israel ; furnish me with every necessary qualification ; 
with wisdom, Fidelity, Zeal, Prudence and Perseverance. May I have in 
my own heart much of the meekness and Spirit of the Gospel, and may I 
have a sense of my duty in these times of distraction and Misery. Fur- 
nish me with an uniform and unbiass'd love for my country and give me 
courage to engage in every method that has a tendency to save her 
from Ruin, even if my life should be in Danger in the Competition. 1 

'Within two years Philip Fithian, as has been mentioned in the introduction, died 
in the service of his country. 



REVIEWS OF BOOKS 

The Study of History in Schools ; Report to the American Historical 
Association by the Committee of Seven : Andrew C. McLaugh- 
lin, Chairman ; Herbert B. Adams, George L. Fox, Albert 
Bushnell Hart, Charles H. Haskins, Lucy M. Salmon, 
H. Morse Stephens. (New York : The Macmillan Co. 1899. 
Pp. ix, 267.) 

The newer school studies are slowly taking on what may be called 
an " educational form." Out of their wealth of material a selection is 
being made and arranged in order of presentation, logical and psycholog- 
ical. Some day there will be substantial agreement upon these matters 
not only as to history, but as to geography, the mother-tongue, the 
modern European languages and the natural sciences as well. Greek, 
Latin and mathematics have been tempered in the furnace of experience 
until they have an educational form which, whether good or bad, is well 
recognized and easily followed. The subjects which have more recently 
entered the course of study are in a quite different position. They have 
yet to acquire an accepted educational form. 

The newer subjects are likely, in course of time, to have this advan- 
tage over the older ones : their educational form will have been arrived 
at by reflection and comparative study, and not merely by a process of 
more or less instructive experience and of more or less faithful imitation. 
It is to be asked, for example, of each claimant for a place in the school, 
why should this subject be studied in school at all ; what is its relation 
to our insight into our civilization and our individual and collective 
effectiveness ; what are its points of contact with human interests and 
with other subjects of study ; on what principle is its material to be se- 
lected for teaching purposes ; how is this material to be presented ; what 
is its relative value, and what share of time and of emphasis are its due? 
When these questions are satisfactorily answered we not only arrive at an 
educational form for our subject, but Ave understand the grounds and the 
limitations of that form. 

Writers of history would never succeed in giving to it an acceptable 
educational form. One may read Droysen's Grundriss der Historik, 
Goldwin Smith's Lectures on the Study of History, Freeman's Methods of 
Historical Study, and Bishop Stubbs and Lord Acton on the study of his- 
tory, and while gaining inspiration, enthusiasm and a wealth of ideas, re- 
main as far from the knowledge of the best educational form for history 
as before. That knowledge must come and can only come from the 

( 320 ) 



Report of the Committee of Seven 3 2 1 

labors of the student of education itself and from those of the skilled and 
reflective teacher of history, acting together. This condition has been 
met in the preparation of the volume under review. 

The general character and contents of the book, the method of its 
preparation, its aim, and its unusual importance were all referred to in 
the American Historical Review for October last (pp. 157-158), and 
that statement need not be repeated here. Like the other large under- 
takings of similar character, the suggestion which led to the preparation 
of this report came from the National Educational Association, which has 
in recent years become the most powerful agency for expressing as well 
as for stimulating the best educational thought of the country. The re- 
port itself was undertaken by the authority of the American Historical 
Association. It aims to have, and it has, direct practical value for the 
student of education and for the teacher of history. It is not the first 
piece of work of its kind, but it is the most thorough, the most carefully 
prepared, and the broadest. The report of the Madison Conference on 
history, civil government and political economy to the Committee of Ten 
on Secondary School Studies ( 1893) is valuable and very suggestive ; and 
the discussion of the aims and methods of teaching American history in 
the Report of the Committee of Fifteen on Elementary Education (1895), 
while brief, is philosophical and distinctly helpful ; but the present re- 
port is clearly of a higher type than either of the others, whether judged 
by its method, by its scope, or by its conclusions. 

The period of study covered by the report is avowedly that of sec- 
ondary education. It is assumed that American history, the natural point 
of departure in historical study for American pupils, has been studied for 
three or four years in the elementary school : therefore the interesting 
and difficult questions arising there are not touched by this report. 
European experience was before the committee in ample detail ; and the 
studies of Miss Salmon, Mr. Haskins and Mr. Fox of history-teaching in 
the typical secondary schools of Germany, France and England, respec- 
tively, are of permanent interest and value. 

What, then, is the point of view of the report ? Does it, like so 
many disquisitions on elementary and secondary education that bear the 
signatures of eminent scholars and university teachers, invert the educa- 
tional pyramid and make the college course and, most of all, the college 
entrance examination the test of what and how the secondary school 
should teach? This crucial question may be unhesitatingly answered in 
the negative. The writers of the report have consciously avoided that 
danger, and they have studied the needs of secondary school students on 
their merits. It is asserted, first, that history is an integral, not an acci- 
dental or ornamental, part of the secondary school course, and that its 
study should be continuous. These are incontrovertible propositions. 
It is asserted, also, that each of the four secondary school years should 
be given a block or period, and that the four blocks or periods should be 
studied in this order: (1) ancient history, with special reference to 
Greece and Rome, (2) medieval and modern European history from 



322 Reviews of Books 

about 800 A.D. to the present time, (3) English history, and (4) Amer- 
ican history and civil government. This is a good order. The fact that 
the seven members of this committee agree in recommending it, makes 
it probable that it is the best. It reveals a natural sequence of events, and 
it admits of a correlation between history and the other school subjects. 
The reading of the Greek and Latin classics, or such of them as are found 
in the first two secondary school years, will aid and be aided by the study 
of ancient history in the first year. The literature of the second and 
third years should help and be helped by the history of those years. 
American history in the fourth year carries the pupil over the field of his 
elementary school work from a new and higher point of view, meets — as 
far as it is wise to meet — the desire for some intensive study, and admits 
of ample application to the fundamental principles of economics and of 
civil government. All the possible objections to this sequence of blocks 
or periods that are mentioned by the committee or that have occurred to 
the present reviewer, are reducible to bad teaching ; and that no course of 
study can either provide for or guard against. The purpose of the com- 
mittee in framing just this course is admirably stated in this paragraph : 

" We ask, then, for a course in history of such length that the pupil 
may get a broad and somewhat comprehensive view of the general field, 
without having, on the one hand, to cram his memory with unrelated, 
meaningless facts, or, on the other hand, to struggle with generalizations 
and philosophical ideas beyond his ken. We think that a course cover- 
ing the whole field of history is desirable, because it gives something 
like a proper perspective and proportion ; because the history of man's 
activities is one subject, and the present is the product of all the past ; 
because such a study broadens the mental horizon and gives breadth and 
culture ; because it is desirable that pupils should come to as full a reali- 
zation as possible of their present surroundings, by seeing the long course 
of the race behind them ; because they ought to have a general conspec- 
tus of history, in order that more particular studies of nations or of 
periods may be seen in something like actual relation with others. We 
think, however, that quite as important as perspective or proportion are 
method and training, and a comprehension of the essential character of 
the study " (pp. 48, 49). 

Having laid out this four years' course of study, the report next pro- 
ceeds to offer suggestions for the treatment of each of the four periods. 
These suggestions are uniformly practicable, helpful and sound. They 
reflect correct theory tested by experience. The presentation of the 
matter of method in instruction is equally good. What is said of text- 
books, supplementary reading, written work, occasional tests, note- 
books, maps, and the use of a reference library can hardly be improved. 
The chapter on " Sources " is eminently sane. The idea that boys and 
girls of tender years can learn history by "investigating sources" is 
grimly humorous ; fortunately its spread was checked in the United 
States before it had done much harm. This report advocates the use of 
a limited amount of the material known as " sources," always in connec- 



Ratzel : The History of Mankind 323 

tion with a text -book. Used in this way, the "sources " become simply 
so much well-selected illustrative material and are of marked assistance 
in vitalizing the teaching. 

Finally, the committee arrive at the topic of college entrance require- 
ments, with the too often attendant examination, — 

Monstrum horrendum, informe, ingens, cui lumen ademptum. 
What is said here is well said. The wrong of shaping secondary school 
courses with' reference to college needs instead of vice versa, the folly of 
rigidity in college entrance requirements and consequently, too often, in 
secondary school work, and the importance of revising and improving 
the examination in history where it still exists, are all pointed out. The 
scheme of "units" proposed is moderate and practicable. 

This report is so excellent that two chapters of it ought to be still 
better. These are the chapters on the value of historical study and on 
the need of trained teachers. The former chapter only hints at the in- 
fluence of historical study in cultivating the imagination and the moral 
sensibilities, and passes over entirely its great significance in laying the 
foundations for a true institutionalism, a view of the world which sees at 
once the place and the limitations of individualism. It fails, also, to lay 
sufficient emphasis on the immense significance of ideals, individual and 
national, as revealed by history, always a fruitful lesson for the young 
pupil especially during the adolescent period. Similarly, the chapter on 
the need of trained teachers is inadequate. " Some instruction in the 
methods of teaching " (p. 118) is not enough. Some study of educa- 
tion as a process is required, and also some considerable knowledge of 
the characteristics of the human mind and character at the volcanic 
period of adolescence with which the secondary school has to do. It is- 
a false ideal to picture a teacher with a knowledge of history, a knowl- 
edge of the books which are the tools of his trade, and " some instruc- 
tion in the methods of teaching," as a trained teacher. That day has 
gone by in the elementary schools; it is going by in the secondary 
schools ; it will go by in the colleges. 

But the report is worthy of the highest praise. It ought to do a 
great service to the cause of sound education in America. Every school 
library, every teacher of history, every superintendent and secondary 
school principal ought to have it at hand for constant study and reference. 

Nicholas Murray Butler. 

The History of Mankind. By Professor Friedrich Ratzel. Trans- 
lated from the second German Edition, by A. J. Butler. Vol. 
III. (London and New York : Macmillan and Co. 1898. Pp. 
xiii, 599.) 

This third volume completes the translation of Ratzel' s comprehen- 
sive work. While it admirably supplements our manuals of history it is 
not a history but a treatise on ethnography. Two maps are given that 
serve their purpose well, and also emphasize the need of others as well 



3-4 Reviews of Books 

as of comparative tables showing the ethnic relationships of the peoples 
described. The book is embellished with a wealth of drawings and col- 
ored plates. The method of treatment, by cultural groups, results in the 
continual repetition of details, yet the broad view and capacious grasp of 
its distinguished author redeems the work from becoming a swamp of 
unrelated facts. 

The volume opens with the concluding sections of Book IV., dealing 
with the Negro Races — throughout, the term " race " is used rather 
loosely to signify culture group. The tribes designated " Africans of 
the Interior " include those who have formed states about the sources of 
the Nile and who occupy the borderland between the true negroes and 
the peoples of nobler physical type in North Africa. Ratzel emphasizes 
the physical differences that are found, and ascribes them in great part 
to admixture of breeds. Uganda is by far the most important and best 
known of these states. It stands above those adjoining in the develop- 
ment of its military institutions and general culture, but its growth has 
been retarded by the blight of cruelty that distinguishes these cut-throats 
and anthropophagists from even the sheer savages of the West Coast. 
The Waganda are rapidly adopting the customs of foreigners, and per- 
haps the time is not far distant when Stanley's remark that the Uganda 
peasant realizes the ideal of happiness after which all men strive, may be 
accepted as literally true. 

The importance of the factor of environment is constantly recognized 
by Ratzel. This feature of the work is well exemplified in the section 
devoted to the Negroes of the Upper and Middle Nile Regions. Indeed, 
the whole belt across the continent between the Bantus and the Mediter- 
ranean peoples offers an excellent opportunity to the anthropologist for 
the study of the relations of race and environment ; the range of variation 
in stature, pigmentation, and even head-form is very great. Only general 
statements and descriptions are given and further investigation is especially 
desirable, now that these problems are receiving so much attention in 
Europe, where migrations and artificial conditions have hopelessly com- 
plicated them. The tall, lean Dinkas, who have been compared to the 
wading-bird of their marshes ; the reddish-complexioned inhabitants of 
the Welle region, the blacks of several districts, the gigantic Fellups and 
others, the dwarfed Negritos with their round heads, the forest-negroes 
with a strong tendency to goitre — may be mentioned in this connection 
and concerning whom we have little more than traveller's tales upon 
which to base our inductions. The literature relating to the negroes of 
Western Africa is much more extensive than that on the tribes of the in- 
terior. Indeed, it has been considerably increased since the publication 
of this book. Notwithstanding the long contact with Europeans the 
negroes of the West Coast are decidedly lower in culture than those of 
the interior, but on the other hand are physically superior, owing to 
better food and perhaps also to a greater mingling of blood. 

In the introduction to Book V. three sections are devoted to : The 
Modes of Life among the Races of the Old World : Culture : and The 



Ripley ; The Races of Etirope 325 

Nomadism of the Pastoral Races. Nomadism is regarded by our author 
as an important factor in the development of civilization and a great part 
of the volume is given up to the consideration of nomadic peoples. The 
regions of culture form a comparatively narrow zone extending from 
Europe and the Sahara across southern Asia to the East, though the pre- 
ponderance in area of the pastoral tribes is, perhaps, recent. A great state- 
creating power distinguishes the nomad, whose military character enables 
him to bind 'together the easily disintegrable sedentary races. Possess- 
ing the will and force to rule he yet learns much from his subjects as the 
Romans learnt from the Greeks and the Germans from the Romans. It 
is on rich soil and with vigorous labor that culture advances ; thus popu- 
lations grow dense and that is what culture needs for its development and 
diffusion. Ratzel derives both Egyptian and Chinese culture, at least in 
their origins, from Mesopotamia, but leaves the question of Accadians 
and Sumerians to historical enquirers. In the detailed survey of the Cul- 
tured Races of Africa separate sections are assigned to Islam, the Red 
Sea Group of Races, Life in the Nomad Districts of Africa and Arabia, 
the Abyssinians, the Berbers, the Races of the Sahara, the Soudan and its 
Peoples, the Fulbes, Fulahs, or Fullahtahs, and the Dark Races of the 
Western Soudan. Theories regarding the origin and relationships of 
the Berbers are not offered, but an instructive comparison with the Arabs 
is presented. This method of treatment is again noticeable in the sec- 
tion upon the Mongols, Tibetans, and Turkic Races, where no specula- 
tions are indulged in concerning the admixture of Caucasic blood and 
little is said about the early migrations of these peoples. The principal 
centres of culture are described separately and chapters are added upon 
the History of Civilization in Eastern Asia ; the Family, Society, and 
State, chiefly in China ; and Asiatic forms of belief and systems of 
religion. The concluding forty pages deal with the peoples of Caucasia 
and the Europeans. The account of the former is very brief, that of the 
latter scarcely less so though for good reason. Ratzel hesitates to denote 
these races by the term "historical," for he consistently maintains 
throughout the work that all races have their task apportioned and it is 
only in a special sense that we can restrict the term ' ' historical ' ' to Euro- 
peans. Here " ethnology lays the pen down for history to take it up." 

Frank Russell. 

The Races of Europe ; A Sociological Study. By William Z. Rip- 
ley, Ph.D., Assistant Professor of Sociology, Massachusetts 
Institute of Technology, Lecturer on Anthropology at Colum- 
bia University. [With a supplementary volume]*, A Selected 
Bibliography of the AntJiropology and Ethnology of Europe, pub- 
lished by the Trustees of the Boston Public Library. (New 
York: D. Appleton and Co. 1899. Pp. xxxii, 624, 160.) 
Dr. Ripley's book meets a genuine need. For forty years past, dili- 
gent anthropological workers in all parts of Europe have been working 



326 Reviews of Books 

at local problems. Measurements and observations have been made upon 
hundreds of thousands of individuals representing the populations of many 
and widely scattered districts. These workers were so absorbed in their 
local problems that they overlooked or failed to grasp general problems. 
Their conclusions, while often valuable, frequently suffered from the 
failure to take a broad view. There was great confusion, amounting at 
times to discord or contradiction, when conclusions of different workers 
were compared. The data so diligently accumulated were accessible with 
difficulty, being scattered through government reports, scientific period- 
icals, and the proceedings of learned societies. The material was diffi- 
cult of study, as it had been gathered by different systems of examination 
and measurement, and had been dealt with by differing mathematical 
methods. The need of the hour was synthesis of these results. This 
work of synthesis, a difficult and somewhat thankless task, Dr. Ripley has 
undertaken. He attempts to bring order out of confusion, to combine 
and harmonize results, to present at one view the acquired facts. The 
importance and pressing nature of the work appears from the fact that, 
at about the same time, three workers have attempted it. Ripley in 
America, Keane in England, and Deniker in France, have just made or 
are making general statements regarding the Races of Europe. Keane 
can hardly be called an independent worker in this field ; while differing 
somewhat from the others he has been so much influenced by Ripley's 
views that he may almost be said to be an expounder of them. Deniker 
diverges from both and presents a completely independent and notably 
peculiar scheme. 

Our author begins with some preliminary observations. He empha- 
sizes the fact that language, nationality, and race are independent of each 
other. Loss of clearness and serious error always result from neglect of 
this fact. The same language may be spoken by peoples of different 
races and by different nations. A language, developed by a given popu- 
lation in a definite area, may spread beyond its original area, among 
neighboring populations ; or it may shrink until it is spoken by a mere 
fragment of the people that gave it birth. The boundaries of a nation 
may be changed by the stroke of a pen or by a single battle, irrespective 
of the languages spoken or the races represented in the area affected. 

Dr. Ripley's study is founded on physical characters. Race types 
are definite combinations of physical characters, which persist through 
generations. There are three physical characters which have been most 
widely studied — head form, color, and stature — and to these three our 
author gives particular attention. He considers the first of these of the 
most importance as he believes it to be the least changeable. He dis- 
cusses each of these fundamental characters in a distinct chapter. Gath- 
ering the data regarding each, not only from all parts of Europe but also 
from the whole world, he discusses them and then presents the facts 
graphically in shaded maps. Two series of maps are given, one showing 
the geographical distribution of head form, of color, and of stature, 
through the world, the other the distribution of the same characters 



Ripley : The Races of Europe 327 

through Europe. These maps are highly suggestive. Those of Europe 
present the data in a form likely to be somewhat permanent, as the inves- 
tigations in that continent have been extensive and careful. While likely 
to be somewhat changed in detail, the main facts are probably well 
brought out. The maps of the world are likely — with further study — to 
be considerably modified. 

Having studied these fundamental characters in detail and mapped 
their geographical distribution, our author proceeds to examine the com- 
binations of these characters which present themselves with such fre- 
quency and persistency as to constitute race types. Of these combina- 
tions, or race types, he recognizes three. The first of his types has a 
long head, a long face, light hair, blue eyes, a narrow aquiline nose, and 
tall stature. The second has a broad or round head, a broad face, light 
chestnut hair, hazel gray eyes, a variable nose — though rather broad and 
heavy — a stocky build and medium stature. The third has a long head, 
long face, dark brown or black hair, dark eyes, a rather broad nose, and 
a slender frame of medium stature. These three types have been fairly 
defined by preceding authors but sad confusion exists in regard to their 
naming. Ripley finally decides upon the names Teutonic, Alpine and 
Mediterranean, respectively. His Alpine type is the Celtic type of many 
writers. He makes an elaborate argument against the name Celtic. It 
seems to us that a somewhat similar argument might lie against the name 
Teutonic, which is certainly bad. 

In thus recognizing and emphasizing three types our author is on 
delicate ground. In emphasizing them as he does he intentionally re- 
fuses to recognize a single white race, of which they may be branches. 
Boas has already criticized this, complaining that Ripley sees differences 
clearly, but refuses to see similarities. To this we shall return later. 
Others may easily criticize Dr. Ripley for not recognizing more than 
three types. Pursuing the same method of isolating physical characters 
and then seeking for actual and well-defined combinations of them, Deni- 
ker recognizes ten race-types in Europe. Whether or not he is on deli- 
cate ground here, Ripley recognizes his three types, defines them, names 
them, and then traces them throughout Europe. 

In a series of chapters he examines the population of different Euro- 
pean countries in detail. The titles of these chapters indicate the treat- 
ment. They are : France and Belgium ; The Basques ; The Teutonic 
Race — Scandinavia and Germany ; The Mediterranean Race — Italy, 
Spain, and Africa ; The Alpine Race — Switzerland, The Tyrol and the 
Netherlands ; The British Islands ; Russia and the Slavs ; The Jews and 
Semites ; Eastern Europe ; Western Asia. Nowhere does he find abso- 
lute purity of race ; almost everywhere two, or all three, of the funda- 
mental races come into contact, interpenetrate, cross, or influence one 
another. Even in Scandinavia, where the Teutonic race is almost alone, 
and in Lower Italy, where the Mediterranean race is almost sole posses- 
sor, there is some admixture. Ripley's own opinion regarding the origin 
of his three race-types appears to be : that the long-headed brunet Medi- 
vol. v. — 22 



328 Reviezvs of Books / 

terranean is an African type, showing some approach to the negro ; that 
the Teutonic is an offshoot from the Mediterranean, locally developed 
amid peculiar physiographic surroundings ; that the broad-headed Alpine 
type is Asiatic and has moved in like a wedge between the two European 
populations. Even with his close adherence to his idea of three race- 
types, Ripley shows occasionally a tendency to go beyond them. It is 
not quite clear what he intends to do with his Cro-Magnon type. Some- 
times he almost erects it into a new race. And plainly he is often not 
quite sure that he has got rid of Deniker's Adriatic type. He attributes 
it to local environmental differences (which he does too with his own 
Teutonic race) but time and again he is forced to admit its reality. Of 
course this question of how many types are to be recognized is a funda- 
mental difficulty. In a criticism of Deniker's work, which appears in an 
appendix to his main discussion, Ripley says — " We must cast about for 
affinities. Here we touch as it seems to us the tap-root of Deniker's evil. 
The eye has been blurred by the vision of anthropometric divergences, so 
that it has failed to notice similarities." This is, almost to the word, 
Boas's criticism of Ripley himself. 

On the title-page Ripley calls his book "A Sociological Study." So 
far as we have traced it, it has been simple physical anthropology and 
ethnology. There follow two important chapters devoted to certain 
social problems. There has been a tendency of late to see in race the 
explanation of many social phenomena. Lapouge has been a prominent 
exponent of this tendency. Studies have been made to show the relation 
between divorce and race, suicide and race, "social stratification" and 
race, etc. Ripley aims to present the facts, and in so doing appears to 
largely reduce the importance of race as a factor. He also discusses 
"urban selection," to see whether the city draws more heavily upon one 
race than another in Europe. He also examines the " type " of the city 
and tries to explain how it arises. In a final chapter the author discusses 
acclimatization and inquires whether European races are qualified to take 
possession of and colonize distant possessions in other climates. Of his 
three types the Teutonic is least successful as a colonist, the Mediterranean 
is most so. The fact has vital import at this moment. 

That the book is interesting and highly important must be evident 
from this brief review of its contents. That it should contain much new 
material is not to be expected ; it is a re-presentation of the work of 
others, a combination, a harmonization. It possesses, however, features 
of originality and high importance. The series of maps, shaded accord- 
ing to a definite system, deserves high praise. No one, without actual 
experience, can realize the amount of care and labor such maps represent. 
To reduce the teachings of a multitude of measurements and observations 
to definite form and then to transfer the result, in graphic form, to a 
map, means a great amount of " dead work." The large series of type 
portraits, representing the types and races discussed, also demands high 
praise. To secure abundant illustration of types of one or two well- 
studied districts would have been a simple task ; to secure adequate illus- 



Ripley: The Races of Europe 329 

tration, symmetrically distributed, of the race-types of all the peoples of 
Europe and western Asia was a serious labor. Dr. Ripley's series in- 
cludes upwards of two hundred illustrations and in many cases — the 
majority perhaps — he is able to present front and profile views of the 
same individual. 

While gladly able to say so much that is good of this important work, 
we regret Dr. Ripley's frequently obscure, contradictory, or slovenly 
form of statement. A very few examples will illustrate our meaning. 
On page 40 we read, " On the other hand the Chinese are conspicuously 
long-headed," on p. 45, "The Chinese manifest a tendency toward an 
intermediate type of head form." How can these statements agree? 
On p. 62, Ripley says, "There are many peoples in Europe who are 
darker skinned than certain tribes in Asia or the Americas ; but there is 
none in which blondness of hair or eyes occurs to any considerable de- 
gree." Surely the meaning of this is obscure. On page 122, the 
author is speaking of the Teutonic race. In one paragraph he says 
" The narrow nose seems to be a very constant trait, as much so as the 
tendency to tall stature," and in the very next paragraph he says, "A 
distinctive feature of the Teutonic race which we have not yet mentioned, 
is its prominent and narrow nose." (Italics are ours.) These are by 
no means the best examples we might select ; we have taken them quite 
at random. If they were the only examples they would hardly deserve 
mention, but the work abounds in them. On p. 80, after referring to 
varieties of dogs and horses, our author says " these abnormities." Why 
"abnormities"? Why, on the same page do we have "Terra del 
Fuego "? These obscure passages and strange misuses of words are the 
less excusable as Dr. Ripley must have gone over the work several times. 
His matter has been given as lectures to students, as a course of Lowell 
Institute lectures, as magazine articles, and now in book form. We 
might justly expect these blemishes to have disappeared. 

To serious students the Supplement to The Races of Europe will be al- 
most, or quite as important as the work itself. It is a bibliography of 
nearly two thousand titles. Its volume might have been easily increased, 
but it is a "selected " bibliography, including only those works which 
contain something of original contribution. Anthropological literature 
is widely scattered ; it is largely in foreign languages and much of it in 
languages but little read by the ordinary student. The importance of a 
good bibliography in this field cannot be over-stated. Mr. Ripley has 
done his work well. The body of the bibliography is arranged by au- 
thors in alphabetical order. An index follows, wherein the references 
are given under geographical headings, in chronological order. 

Frederick Starr. 



330 Reviews of Books 

The Development of English Thought ; A Study in the Economic In- 
terpretation of History. By Simon N. Patten, Ph.D., Professor 
of Political Economy, Wharton School of Finance and Econ- 
omy, University of Pennsylvania. (New York : The Macmillan 
Co. 1899. Pp. xxvii, 415.) 

Dr. Patten has written a book stimulating alike to the student of so- 
ciology, political science, history, and psychology, for it touches at certain 
points each of these subjects. To no one, however, will it be more in- 
teresting than to the student of history, who will rise from its perusal uncer- 
tain whether to be more exasperated by its dogmatic interpretation of fa- 
miliar historical events and movements than delighted with its insight 
into the working of historical forces, and its singularly concise and pithy 
way of saying things. No one can read the work without acquiring 
added mental strength and new points of view, and whether the reader 
like it or not, he will probably look at some things in history differently 
from before. 

What Dr. Patten has given us is not so much a history of the devel- 
opment of English thought as it is a theory and law of progress in his- 
tory, a philosophy of history from psychical and economic standpoints, and 
a series of speculations upon the environmental conditions that have in- 
fluenced the development of certain aspects of English philosophic and 
economic thought from Hobbes to Darwin. 

The fundamental thesis of the book is this, that to understand the 
development of English thought it is necessary to understand the eco- 
nomic conditions that have influenced the thinkers — not only those con- 
ditions that have been contemporaneous, but those that have gone before 
and have shaped the national character. By character Dr. Patton means 
the motor reactions that have been inherited from past generations, the 
conservative forces that have never been able to adjust themselves com- 
pletely at any given time to the rapidly changing environment or econ- 
omy. This economy Dr. Patten defines as composed of all the objects 
which modify, through the sensory powers, the old motor-reactions, the 
definite objects and forces (both tangible and intangible, ideals as well 
as food supply and national goods), which at a given time are the requis- 
ites for survival and which are capable of bringing about readjustment of 
the organism to its environment. Progress is caused, therefore, says Dr. 
Patten, by " the interplay of the character-forces in men and the eco- 
nomic-forces in their environment." 

With this as his premise Dr. Patten's object is threefold. First he 
attempts to give a new classification of society, substituting for upper, 
middle, and lower classes, for conservatives and liberals, for landlords, 
capitalists, and laborers, a division based on psychic peculiarities into 
dingers, sensualists, stalwarts, and mugwumps, a classification, it may be 
said at once, suggestive and valuable. Secondly he rearranges the stages 
in the history of thought, placing the economic stage first, the aesthetic 
second, and the moral and religious stages third and fourth. In this con- 



Patten: The Development of English Thought 331 

nection Dr. Patten demands that history be studied in epochs, and that 
the study of each epoch take into account contemporary economic, aes- 
thetic, moral and religious influences in succession before examining the 
corresponding influences of an earlier epoch. And finally our author 
offers a new interpretation of the history of thought. He starts with the 
premise that " the economic conditions are the primary source from which 
all elements of the national character arise," that is, that all original 
motor-reactions were shaped in earlier times in a local environment and 
a pain economy ; and then recognizing the transforming and modifying 
influences of new environments and new conditions other than economic 
which have remodelled old types and developed new ones, he finds in this 
progressive movement the constant recurrence of two intellectual classes, 
one of which, the philosophers (moralists or prophets, which he later and 
better calls speculators or thinkers) represents the old types, the other, 
the economists (whom he later and better calls the observers) standing 
for the new. To the tendency of the philosopher to become an observer 
and the observer to become a philosopher Dr. Patten ascribes the forward 
movement in thought. 

The remainder and the greater part of the work treats of the enlarge- 
ment of these propositions and their application in history. It is im- 
possible in the space here at command to consider even in brief Dr. Pat- 
ten's conclusions. No student of Continental or English history will fail 
to study Dr. Patten's book, unless he is hide -bound by the conception that 
history is mere narrative and that the function of the historian is to state 
facts and not to interpret them, or is so taken up with his love of method 
that he has neither time nor inclination to cultivate ideas. He will 
probably disagree with Dr. Patten over and over again in his conclusions, 
for the latter makes no attempt to prove his assumptions, and rarely illus- 
trates his generalizations by an appeal to facts. His attitude is that of 
one who could readily prove his statements if he wished to do so, but 
who thinks that they are so self-evident that it is not worth while. 

But all of Dr. Patten's conclusions are by no means self-evident. I 
should like to ask Dr. Patten to prove the following statements : that the 
English owe more of their characteristics to the Shemite than the Greek, 
and that the Church was shaped by Roman and Shemite ideas only ; that 
all the migrating Germans were lost or blended with all the people they 
conquered ; that the Vdlkerwanderung was actuated by greed only, and 
not by starvation as well ; that the bishops of Rome avoided all theo- 
logical controversy ; that northern Europe before the sixth century was a 
dreary waste in which "a few half-starved people were huddled in miser- 
able hovels"; that monastic colonies were never under strict rules; 
that the Church elevated the position of women ; that there ever was a 
German Emperor in the Middle Ages ; that the leaders of the Renais- 
sance sought to reform the abuses of the Church; that Calvinism spread 
only where gilds and clans were dominant ; that Germany has had a 
steady development running through many ages while Europe passed 
" suddenly from barbarism to social security and prosperity "; that Eng 



3 3 2 Reviews of Books 

lish society before the Reformation was half as bad as he makes it out to 
be ; that the Puritans were bound to disappear because of their economic 
shortcomings and died like sheep of consumption ; that the " craze for 
agricultural improvement " in the eighteenth century was due to the mo- 
notony of country life ; that " history has seldom risen above achronicle 
of wars and disasters"; that historians do not know that discontent not 
poverty causes progress ; and that " all great writers are lazy." Yet we 
are asked to accept each of these and scores of others on Dr. Patten's 
ipse dixit. 

Dr. Patten's book is full of original comments and suggestive inter- 
pretations that will be willingly considered by every historical scholar. 
Two general conclusions, however, present themselves ; first, that Dr. 
Patten has unconsciously shaped his interpretation of history according 
to the theory that he has framed, has selected those phases of history and 
those views on debateable points that were most useful for his purpose, and 
has too frequently generalized from insufficient data; and secondly, that in 
the application of his theory he has narrowed his definition of environ- 
ment, and has exaggerated the importance of single economic factors, 
such as woolen clothes, the oven, the bath-tub, wheat, sugar, steady 
employment and three meals a day, and in so doing has filled his inter- 
pretation of history with a spirit of economic and psychic fatalism. In 
this day and generation, when the historian is beginning to recognize 
that no great event in history can be traced to a single cause, no matter 
how important that cause may be, it will not be deemed sufficient to offer 
such simple explanations as those with which Dr. Patten is content. The 
historian is not ready to give up the influence of individuals in history and 
to see his faith, his creed, his ideals, his art, and his literature merely the 
outcome of an economic surplus, the result of a new invention or of the 
introduction of a new element in the food supply. And that which is 
true of the economic interpretation is also true of the psychic ; prayer is 
more than a motor collapse, praise more than a motor outburst, the truth 
of doctrines and creeds more than a mere test as to whether a further de- 
velopment of the sensory powers is of greater social value than the further 
growth of the motor powers. Dr. Patten has given us throughout his 
work a series of explanations which are frequently sound and true, but 
which are in reality only a part of the great truth of history. The value 
of his work lies in the fact that the explanations he advances have never 
perhaps been so lucidly or convincingly presented before. 

Charles M. Andrews. 

Cosimo de Medici. By K. Dorothea Ewart, late Scholar of Som- 

erville College, Oxford. [" Foreign Statesmen."" (London 

and New York : The Macmillan Co. 1899. Pp. viii, 240.) 

This latest volume of the Foreign Statesmen series can hardly be 

ranked among the best of the collection. There is labor, patience, and, 

on the whole, a good arrangement of very complex material, but the en- 



Ewart : Cosimo de Medici 333 

semble is not entirely satisfactory. In the first place it is to be regretted 
that the author does not supply either foot-notes or references, that is, 
that she does not put into the reader's hands anything of the necessary 
apparatus of criticism. There is indeed a list of authorities tacked apol- 
ogetically to the end, but it reveals itself on its face as an after-thought 
and stands in no visible connection with the text. Although I am 
aware that this practice is the rule with all the books of the series, and 
therefore not chargeable to the present author, it constitutes so serious a 
defect and subtracts so substantially from the value of the book for the 
student of history, that a reviewer is obliged to make mention of the 
matter. 

Probably the responsible editor of the Statesmen series intended to 
reach with the biographies the larger circle of non-professional readers, 
and for this reason he preferred that his authors turn out literary rather 
than historical productions. It is only fair then to adopt the literary 
point of view towards this book. Here again, however, one's satisfac- 
tion is not unbounded. The material is fairly well distributed in chap- 
ters, and the facts of each chapter disclose, if no new sources of in- 
formation, at least care and judgment in handling the old ones, but the 
treatment as a whole lacks grasp and power. Granted that the under- 
taking was no easy one : to replace the blur of a great name with a bold 
literary portrait, accurately defining the Florentine citizen's characteristic 
modes of speech and action ; but why in the face of this task are we 
offered such paucity of personal material ? Occasionally an attempt is 
made in this kind, in Chapter VI., for instance, in which are enumerated 
some of Cosimo's striking phrases, every one of them tingling with pres- 
ent life and exhibiting a homely mixture of cynicism and kindly humor 
that somehow recalls our own Lincoln, but this effort is only a beginning 
and is not sustained. And now suppose that this chapter had been made 
a complete record of all the authentic sayings of the great banker and 
citizen, and suppose further that there had been added thereto all the 
personalia of whatever kind culled from the sculptors, painters, medal- 
lists, and memoir-writers of the time — here would have been as the re- 
sult of a mere compilation a valuable literary portrait ! It is curious 
that people familiar with the fifteenth century do not model themselves 
in their art a trifle more closely upon Cosimo's great friend, Donatello. 
To Donatello there was just one way of doing a portrait and that was to 
get in all the character possible. 

The author, like all writers on this period, lays a great deal of stress 
upon Cosimo's discovery of the principle of the balance of power 
(Chapter III.). The honor is vindicated for him against all comers 
with as much warmth as if it were a question of some great natural law 
like that of gravitation. For myself, I have never been able to see in 
the great " principle " anything but a convenient diplomatic phrase of 
the eighteenth century invented to fill up the gap between two pinches 
of snuff, and I find the conception quite as indefinable politically and 
diplomatically as the similar phrases of humanity and destiny, current in 



334 Reviews of Books 

our own day. Above all, I have utterly failed to observe that the 
" principle " sheds any startling light over Cosimo's policy. He wanted 
peace, he needed allies to get it — that is the history of his foreign rela- 
tions in a nut-shell. If he could have got a peace alliance which em- 
braced all the five Italian powers instead of merely three, he would in all 
probability have accepted it without grumbling at the annihilation of the 
balance of power which such a league would have entailed. It saves 
trouble to recognize once for all and at the outset that the conduct of 
every Italian ruler of that day was cheap and shifty and will baffle the 
attempt to arrange it under any great moral or political concept. 

A feature of the book that will be thankfully received is a brief de- 
scription of the complex Florentine constitution (Chapter I.). Here 
and elsewhere occasional sentences suffer a little from an access of either 
mental or grammatical vertigo, and in several places a lawless imagina- 
tion needs to be subjected to the pruning-knife. Thus on p. 158 we 
hear of the Radicals misbehaving toward the Democrats in the United 
States, and on p. 210 we are invited to ponder the art of the Goths and 
Normans. 

Ferdinand Schwill. 

Martin Luther, The Hero of the Reformation, 14.83— 154.6. By 
Henry Eyster Jacobs, Dean and Professor of Systematic Theol- 
ogy, Evangelical Lutheran Seminary, Philadelphia. [Heroes 
of the Reformation.] (New York : G. P. Putnam's Sons. 1898. 
Pp. xvi, 454.) 

Philip Melancthon, The Protestant Preceptor of Germany, ij.gj—ij6o. 
By James William Richard, D.D., Professor of Homiletics, 
Lutheran Theological Seminary, Gettysburg. [Same Series.] 
(New York : G. P. Putnam's Sons. 1898. Pp. xvi, 399.) 
These two, the initial volumes of the series, set a high standard and 
give large promise for the remaining volumes. The Luther is richly 
illustrated with portraits of the leading personages mentioned, some of 
them rare, as that of Luther from the title-page of the Babylonian Captiv- 
ity, and all interesting, — the best we have, though the doubt will recur 
whether they afford any idea at all adequate or correct of the faces they 
represent. Numerous other illustrations of historical and antiquarian 
interest add to the value of the work. 

The story of Luther is not only that of the " Hero" of Protestantism, 
it is itself a romance. Told most literally and carefully, it can never lose 
its thrilling power while Protestant hearts continue to throb. It is little 
praise therefore to this particular telling of the story to say that it is in- 
tensely interesting from beginning to end. And when the present writer 
has little to say by way of mentioning striking peculiarities in the book, 
this is less to fail to praise this work than to give large praise to the long 
line of lives of Luther from the beginning to the present day. For this 
Life it may be fully claimed that it was written from the sources, that it 



Blok : GescJiiedcuis van Jiet Nederlandsche Volk 335 

is truly original and individual in its view of the subject, and that it is 
faithful and correct. More spice might have been added to it, if the con- 
troversial element had been introduced, but something would have been 
thereby detracted from its simple straightforward truthfulness. Even that 
bitter calumny which Rome has not ceased to this day to repeat, that 
Luther died a suicide, is unnoticed, though the minute narration of the 
death-scene, which is its completest refutation, may have been determined 
in some respects by it. 

The life of Melancthon is conducted on the same general lines, and 
furnished with the same rich illustrations, as the Luther. It deals with 
a subject less familiar even to historians. The pure, self-effacing, and 
truly humble spirit of this peace-loving scholar forms a striking con- 
trast to the more tempestuous spirit of his colleague Luther, and yet they 
are alike plunged into the most troublous times. How fully the events 
of Melancthon's life are those of Luther's, determined by the public 
course of events in which Luther and not Melancthon was the leading 
force, this book strikingly exhibits, for it is almost as much a life of Lu- 
ther, while Luther still lives, as of Melancthon himself. In successive 
chapters it sketches the student preparation of the brilliant youth, then 
his career in the opening years at Wittenberg, his first attention chiefly 
paid to the more general field of classical study, but almost immediately 
absorbed by the overwhelming religious interests of the time in theo- 
logical study and publication, so that he became the earliest dogmatician 
of the Reformation, its most prolific writer upon exegesis, and upon a 
multitude of other subjects, preparing elementary treatises upon the 
widest range of themes, and thus earning the title "Preceptor of Ger- 
many." Soon comes the great service at Augsburg, where Melancthon 
was the author of the confession, which, read aloud in trumpet tones be- 
fore Emperor and Empire, became the rallying cry of all Protestantism. 
Luther remarked upon its irenic character, which he highly approved, 
that he himself could never " have walked so softly." The painful his- 
tory of the later years, when, Luther gone, Melancthon was led into 
various compromises with Catholicism in his efforts to save Protestantism 
from utter ruin, and the unprofitable controversies that attended his 
last days, are all faithfully told, with possibly too much detail for the 
general reader. A great man has been brought before us, and a great 
epoch, with full and worthy treatment. 

As to the chapters upon the "theology" of both Luther and Me- 
lancthon, we could wish that Ritschl's own defects and the natural hos- 
tility of American Lutherans to his theological tendencies, had not pre- 
vented these writers from setting forth that fundamental view of his, in 
which he was unquestionably right, and which has now been so well 
elaborated by Kaftan in his Truth, that to the original reformers the 
Reformation was a restoration of spiritual religion over against the for- 
malism of a dead theology which had been divorced from life, and that 
the Lutheran system, even as sketched finally by Melancthon, was to a 
degree a falling away from the first and high ideals of the movement. 



oo v 



Reviews of Books 



Our authors have both failed to give a truly genetic and critically correct 
view of the theology of their subjects from neglect of this principle. 

Frank Hugh Foster. 

Geschiedenis van het Nederlandsche Volk. Door P. J. Blok. Vierde 
Deel. (Groningen : J. B. Wolters. 1899. Pp. 496.) 
In his task of setting forth the history of the Netherlandish people, 
the distinguished professor of Dutch history in the University of Leyden 
and the instructor in history of Queen Wilhelmina has completed his 
fourth volume. The period treated covers what many consider the most 
important events in the national history, the influence of which is still 
powerful in Dutch politics and social life. Not only do Holland's art 
and literature still reflect the inheritances from the years 1 609-1 648, but 
from personal experiences among groups of Dutch gentlemen, we can 
bear witness that the controversy between admirers of Barneveld on the 
one hand and Maurice on the other, is still warm. When to political, 
religious elements are added to the discussion, it becomes hot. 

Dr. Petrus Johannes Blok has certainly, in his judicial poise and 
calm, inherited the spirit of him whom he calls " my revered master 
Fruin," but it can hardly be said that the style of the pupil equals that 
of the teacher. It is not merely a foreigner that must declare that there 
are manifest proofs of haste and occasional slovenliness of style, but natives 
find his very frequent use of the present participle a trifle irritating. 
Such an innovation in Dutch is not as pleasing as is the regular use of this 
form in French and English. This said, however, we heartily add our 
tribute of admiration for the admirable manner in which, as if scathless 
in an ordeal, he threads his way safely between and amid the hot plough- 
shares of religio-political strife. Standing above parties and factions, 
with admirable insight and breadth of view, he gives us his luminous 
judgments as to persons and things, causes and consequences. The 
Oranje-klants and Calvinistic dogma-makers on the one hand and the hide- 
bound and bigoted " Liberals " on the other will hardly praise Dr. Blok 
for his utter lack of partisanship. Sometimes one would prefer a less close 
adherence to the synthetic method and, for enjoyment in reading and for 
fortification of one's own convictions, a little more of the "virtuous par- 
tisanship " of Macaulay or Motley or even Fruin, who call the execution 
of Barneveld a " judicial murder " (een gerechtelijken moord) . Neverthe- 
less judicial candor is the author's first aim, and his treatment of the 
bloody episode of 1619 is worth a mountain of what has been penned in 
late years by writers who are, first of all, partisans. To show, however, 
that our longing for more color and animus is not unreasonable, we may 
note that Dr. Blok's consistency in desire for fairness of judgment and 
possible fear of being charged with partisanship, becomes at times incon- 
sistency. In our day and time the action of Prince Maurice in repeatedly 
trampling on law and justice would be called a coup d' etat, and yet, on 
page 203, we find the author telling us that he "acted in all good faith " 
(Jn alle goedc trouw handelend~). 



Da Cause dc Nazclle : Memoires $37 

It is like turning from black night to the splendors of rosy dawn and 
the movement of light toward high noon, to enter into the brilliant 
period of Prince Henry, " our golden era" as the Dutch love to call it. 
Here the author is as happy as he makes his readers, and his masterly 
chapters deserve to be read and re-read. Besides his lively pictures of 
home life, of war, of peace, of art and social improvement, we have a 
sketch of trade and commerce with the East which seems especially 
timely. One cannot dismiss this volume without especial notice and 
commendation of the chapter, or rather elaborate essay on the sources of 
Dutch history for the period, 1 559-1648. We know of nothing so full 
and so illuminating. With equal fairness and apparent grasp of the ma- 
terial in whole and in part, Dr. Blok presents the national Dutch, the 
Spanish, the Catholic Dutch, and the opposing sides in Netherlandish 
history. Dr. Blok, being still on the sunny side of life's meridian, may 
be able to finish the great work marked out by himself, which we sin- 
cerely hope. 

Memoires du Temps de Louis XIV., par Du Cause de Nazelle 
Publies avec une Introduction et des Notes par Ernest Daudet. 
(Paris: E. Plon, Nourrit ct Cie, 1899. Pp. xxviii, 269.) 
The alleged author of these Memoires was an officer whose only claim 
upon the attention of posterity is that he revealed to Louvois an obscure 
conspiracy which two or three desperate noblemen, including a Rohan, 
concocted against Louis XIV. in 1674. Although this conspiracy has 
been better known than some others which belong to the same reign, its 
precise objects are still not fully understood. M. Daudet has in an ap- 
pendix summarized the evidence which maybe gathered from the records 
of the trial preserved in the French archives, but there is room for a dif- 
ference of opinion upon the value of certain confessions, notably those 
of the Dutch schoolmaster, Vanden Enden, a spy in the service of the 
Spanish government, who, with the Sieur de Latreaumont, was the 
originator of the plot. The main purpose was to create a disturbance in 
Normandy, during which the Spaniards were to take possession of Quille- 
boeuf. Vanden Enden personally, according to his own story, sought in 
this way to do Holland's enemy all the harm he could. Latreaumont, a 
bankrupt adventurer, hungered for spoil ; and possibly it was spoil also, 
and revenge, which Louis de Rohan chiefly desired, although his fellow- 
conspirators dazzled him with promises of a restored Duchy of Brittany. 
Added to this there was talk of organizing a republic in Normandy, for 
which the Dutch pedagogue had sketched some laws, with the expecta- 
tion that all Frenchmen would hastily abandon the structure reared by 
the centuries and adopt in exchange the devices of such a pitiable group 
of schemers. M. Daudet seems to lay undue stress upon these things, 
which served to adorn an enterprise the most practical aim of which was 
to procure sufficient supplies of Spanish gold to repair two or three dis- 
ordered fortunes. 



33S Reviews of Books 

The Memoires of Du Cause add little to the story of the affair, even 
if what they do contain is trustworthy. The writer composed his work 
more than forty years after the event, a fact which M. Daudet does not 
seem to have noted, for he says they were written " plusieurs annees 
apres. " The tone of the author's avertissement would lead one to bring 
the date of composition still further down in the eighteenth century, but 
an interval of forty years is enough to dim a man's recollections. More- 
over, judging from the account in the Memoires themselves, Du Cause 
knew little about the conspiracy except what he was able to overhear of 
a single interview between Vanden Enden and Latreaumont, important 
portions of which were inaudible to him. His account is, therefore, 
largely drawn from his conversations after the denouement. When he 
pretends to tell what was said by the Prince of Conde, Marshal Villeroy, 
and M. Le Tellier at a secret meeting with Louis XIV., and explains how 
all this conflicting advice agitated the King's spirit, one wonders what 
avenues of information he possessed, so that he could speak with authority 
where the ordinary observer could go no further than a conjecture. M. 
Daudet has compared his testimony at the trial, covering his connection 
with the case, with what he relates in the Memoires, and has found the 
two in complete agreement. This should strengthen one's confidence in 
•other parts of the narrative. 

It is unfortunate that M. Daudet has not given the history of the 
manuscript, so that the reader might be guarded against the suspicion 
that it originated in the fertile brain of some eighteenth-century lawyer, 
whose inventiveness was provoked by the possibilities of the tale. The 
case long attracted legal minds, for as late as 1735 an important collec- 
tion of the documents was made by MM. de Chavannes and Berryer. 
The manuscript of the Memoires, it also appears, was in the archives of 
one whose ancestors belonged to the old French magistracy. And this is 
all that M. Daudet tells us of its history. 

M. Daudet thinks the more highly of Du Cause's veracity because of 
the frankness with which he speaks of his own misdeeds. But even if the 
relation of his own villanies is a work of piety, because it shows how 
humble an instrument Providence chose to save the Great King, what is 
to be thought of a man who in the calmer light of old age would blacken 
his mother's reputation by irrelevant details of her wickedness? 

As a simple tale the book is successful. Its narrative, which goes 
straight on from one incident to another, and is well put together, steadily 
gains in interest, until toward the end the reader is a little wearied by 
the importance Du Cause gives himself because he revealed this curious 
conspiracy. He now has a grievance and ceases to be entertaining. 

Henry E. Bourne. 



Waddington: La Guerre de Sept Ans 339. 

La Guerre de Sept Ans : Histoire Diplomatique et Militaire. Par 

Richard Waddington. Tome I. Les Debuts. (Paris : Fir- 

min-Didot et Cie. 1899. Pp. iii, 755.) 

Two years ago the author of this work described in his Louis XV. ct 
le Renversement des Alliances the diplomatic struggle which preluded the 
Seven Years' War. He now begins the narrative of the war itself with 
an account of the conflicts in the cabinet and on the field from August 26, 
1756, when Frederick set his troops in motion toward the Saxon frontier,, 
until the disastrous defeat of Leuthen in December of the next year had 
ruined the Austrian army. This period he rightly regards as highly inter- 
esting, because of the skill with which the game of war and of diplomacy 
was sometimes played, and, even when there was bungling, because of 
the tremendous stakes that were ventured. His excuse for again going- 
over ground so often traversed is that it has not been examined with such 
detail by any French historian, and that he has found much unutilized 
material, particularly in the Newcastle Papers in the British Museum, 
which until recently were not accessible, and in the correspondence of 
Kaunitz and Stahremberg. With the aid of this material he has been 
able to make much plainer the course of the negotiations which ended in 
the secret treaty of Versailles, May 1, 1757, the scheme for the neutral- 
ization of Hanover, and the Convention of Closter Seven. His descrip- 
tions of the principal battles of the two campaigns are sufficiently clear 
and full, but they are of secondary interest in a work like this. 

M. Waddington could have given greater compactness and unity to 
his treatment of the subject had he occasionally summed up or sketched 
despatches of diplomats or soldiers which he quotes at length. He has 
by this method of extended quotation forced upon the reader work of 
analysis and characterization which it was his own business to accom- 
plish. And yet such a method is not without advantages. The reader 
is brought so close to the sources of information that he is in a measure 
able to control the author's judgments. 

M. Waddington regards Frederick's refusal to compromise with the 
Elector of Saxony at the outset as a serious blunder, because the Saxon 
army, though badly provisioned, was formidable enough to delay him 
until the season was so advanced that a campaign in Bohemia was out of 
the question. It would have been fortunate for him had the Elector, 
who was also King of Poland, retired into Bohemia, according to his 
first plan. Frederick's oppressions in Saxony made a bad impression in 
Paris and galvanized into a semblance of life the already dying enthusi- 
asm for the Austrian alliance. 

In some respects the best-worked-out story of diplomatic success is 
the account of Stahremberg's efforts to embody in the secret treaty of 
ersailles a programme which pledged France to a leading part in the 
urely Austrian attempt to ruin Frederick. As M. Waddington sums it 
p, Stahremberg had procured heavy subsidies for the whole period of the 
ar, while all notion of reimbursement was abandoned ; and he had made 
he cessions of territory in the Low Countries contingent " non au re- 



34-0 Reviews of Books 

couvrement de Silesia et du comte de Glatz, comrae l'avait accepte en 
dernier lieu l'lmperatrice, mais bien a l'entree en jouissance de toutes les 
conquetes que revendiquait l'Autriche." And all this had been gained 
in spite of the demands which the struggle in India and America already 
made upon the French resources and in spite of the French desire to ope- 
rate mainly on the lower Rhine or against Hanover. 

Another incident which M. Waddington has set in a clearer light 
than previous discussions, particularly those of the English historians, 
have given it, is the Convention of Closter Seven. For this purpose he 
has made a large use of the Newcastle Papers. The Convention was 
signed September 8, 1757, by Cumberland, the commander of the 
Hanoverian army, as the only means of saving his troops from capture by 
the Due de Richelieu. Although its terms were humiliating to Hanover, 
to George II., the King-Elector, and to England — how humiliating may 
be guessed from Horace Walpole's exclamation, " Eelieve me, it is 
comfortable to have an island to hide one's head in " — M. Waddington 
declares that Cumberland simply carried out his father's explicit direc- 
tions. This conception of the affair is not a new one, for contemporary 
observers suspected the same thing ; and yet it is possible to see from 
the documents and correspondence which the author quotes so extensively 
that the case against the old King is not quite so strong, and that Pitt 
touched the very sources of the blundering when the enraged George 
denied that he had given orders for such a treaty, and Pitt deprecatingly 
replied, "But full powers, sir ; very full powers." 

To prove his thesis M. Waddington carefully describes the directions 
George sent August 1 1 to Cumberland under the impression of the defeat 
of Hastenbeck and the rapid retreat of the army upon Stade. It is clear 
that Cumberland had full powers, and that George bound himself 
" tenir ferme et stable, .... executer ponctuellement tout ce que le 
dit notre tres cher fils aura stipule, promis et signe en vertu du present 
pouvoir, " etc., etc. But would not the King's surprise at the extra- 
ordinary use Cumberland made of these powers have been natural in a 
person less shifty even than this old monarch ? For, what in his mind 
was the controlling purpose of the whole negotiation ? In the first sup- 
plementary note he says that he is sure Cumberland " ne fera de cette 
autorisation que tel usage qui aboutisse au salut de mes etats et de mon 
armee," and in the third he repeats that he has taken such action " afin 
que tous ces pays [Hanover and its West-German allies] soient soulagees 
et les troupes conservees." He had a just reason to be angry then 
when he found that Cumberland had signed an agreement which did not 
accomplish half of the object of the negotiation. Nothing was said in 
the Convention about the treatment Hanover was to receive and M. 
Waddington himself describes fully the manner in which it was " bled 
pale." The Due de Richelieu was so anxious to enrich himself that he 
winked at pillage by subordinates and the soldiers, who gaily called him 
" le Pere Maraude," and the mansion he built in Paris with a portion of 
the spoil was fittingly nicknamed " Pavilion du Hanovre." 



Waddington: La Guerre de Sept A us 341 

But this was not the King's only excuse. His instructions reveal 
irresolution aggravated by panic. He wants from his son further light 
on the situation, and asks that no agreement be signed until full powers 
to sign have reached Richelieu from France. On the sixteenth he also 
said that the negotiation should not be terminated until word had been 
received from Vienna in regard to his overtures for a separate peace. 
Here was evidently a desire to enjoy some of the benefits of an armistice, 
and at the sanle time to avoid paying the bitter price if some victory of 
Frederick's should turn the luck, or overtures from Vienna should change 
the face of affairs. Cumberland, feeling the burden of a desperate sit- 
uation, could not penetrate his father's mood and failed to realize his 
father's hopes. M. Waddington is not quite fair in so unqualifiedly 
charging the King with duplicity because he denied ordering such a Con- 
vention as that of Closter Seven. 

In his first account of the affair M. Waddington leaves the im- 
pression that it was the untrustworthiness of British promises which ren- 
dered the agreement worthless from the beginning. But it is evident 
that if the King and his advisers only waited for an opportunity to extri- 
cate themselves from their embarrassment by taking advantage of the 
strange omission of a time-limit in the terms of the Convention, the 
French court sought to accomplish the same result by interpreting the 
articles. The author relates that Richelieu told General Donop that the 
Hessians should lay down their arms as soon as they should arrive in their 
own country. This bit of information brought the Hessian contingent 
to a sudden halt. Furthermore, the reservations with which Bernis con- 
sented to the Convention were largely responsible, as M. Waddington 
later remarks in his judgment upon Richelieu, for the rupture. 

M. Waddington gives one chapter to the war between the French 
and English in America, but he says nothing of the struggle in India, 
which he will doubtless describe in connection with its later and more 
decisive phases. In his list of books on this campaign he mentions none 
of the recent works except Kingsford's History of Canada and Parkman's 
Montcalm and Wolfe. His own account is, on the whole, satisfactory, 
although in certain matters of detail he does scant justice to the English 
side. For example, he speaks of Bradstreet's fight with M. de Villiers 
as a "combat indecis." A note explains that both French and English 
claimed the victory, and adds, to throw discredit on the English claim, 
that their losses were the heavier. But the English were fired upon from 
an ambuscade while in their boats proceeding unsuspectingly up the river 
a few miles from Oswego. When they succeeded in reaching their ene- 
mies the fortunes of the fight seemed never to have left their side, and 
the French were decisively repulsed. 

Again in the attack on Oswego he regards the abandonment of Fort 
Ontario as premature because the French had not yet armed their bat- 
teries. But the fort was constructed of stakes or beams driven into the 
ground, a good defence against small arms and swivel guns, but worse 
than useless against cannon. And Colonel Mercer feared that if he 



342 Reviews of Books 

waited until the French heavy guns opened, the walls would be knocked 
to splinters, and he would lose both fort and garrison. 

In his account of the unsuccessful defence of Fort William Henry, 
M. Waddington fails to do full justice to the gallant efforts of the defend- 
ers. He gives the impression that the display of the white flag was sudden 
and without sufficient reason. His eyes are too closely fixed upon Mont- 
calm's skilful approaches to note the struggles and sufferings of the garri- 
son. In describing the massacre which followed he minimizes the loss of 
life, even seriously quoting the ridiculous estimate of Vaudreuil of five 
or six as a possibility, though lending more weight to the opinions of 
Levis and Pere Koubaud, who were agreed that fifty were killed. Per- 
haps this is not too much partiality to expect of even so scholarly a 
French writer. The spirit of the narrative is studiously fair throughout. 

It is unfortunate that a book so rich in material is not provided with 
a detailed table of contents, to say nothing of an index. The table of 
contents occupies half a page. 

Henry E. Bourne. 

Memoires du Comte de More (1758— 1837). Publies pour la Societe 
d'Histoire Contemporaine par M. Geoffroy de Grandmaison et 
le Comte de Pontgibaud. (Paris : Alphonse Pi card et Fils. 
1898. Pp.343-) 

Charles-Albert de More de Pontgibaud, afterwards the Comte 
de More, was born April 21, 1758. He was the second son of the 
Comte de Pontgibaud, whose estates were in Auvergne. In 1773 he 
went to live in Paris, where he at once gave himself up to such a life of 
dissipation that his family became alarmed lest they should be scandal- 
ized. Accordingly they decided to have him imprisoned and procured 
a lettre de cachet for the purpose, ordering him to be confined in the 
castle or donjon of Pierre-en-Cize. This was in 1775. In the autumn 
of 1777 he dug his way through the ten-foot wall of his cell and made 
his escape. Through a neighbor he announced this to his father. Hav- 
ing learned that Lafayette and other Frenchmen had gone to help the 
Americans against the British, he proposed to his father through the 
same messenger to try the fortunes of war in America. His father con- 
sented and granted him a pension, and ere long the young man was cross- 
ing the Atlantic. 

His vessel was wrecked in Chesapeake Bay and plundered by pirates 
and he himself left destitute. He made his way to Williamsburg, and 
saw Governor